[CLBS] Homestead opinions?

[dbc dbclarklaw.com]

It has been the general practice for quite a while now that homesteads on the date of filing are preserved whether or not the property is sold and the proceeds reinvested.   Formerly, the judges in this District followed the 'reinvestment' rule and then changed their minds.  Judge Winmill last year restated the 'reinvestment rule,' but it seems the Ninth Circuit has gone back to the 'snapshot rule.'  The new decision was decided under Washington law, so it's unclear if Wells is still 'good law.'  But the BAP decision in Anderson was adopted verbatim by the Ninth Circuit.  Your thoughts?


D. Blair Clark
LAW OFFICES OF D. BLAIR CLARK PC
967 E. Parkcenter Blvd., #282
Boise, ID 83706
Phone:  208-475-2050
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