[CLBS] Homestead opinions?
Paul Ross
paul at idbankruptcylaw.com
Fri Mar 5 10:53:32 MST 2021
Be aware that the Supreme Court denied Certiorari on Hull v. Rockwell. The
1st Circuit and 5th Circuits are Snapshot Rule circuits. Not quite sure
where the 9th Circuit is now with Anderson, Golden, and Jacobson. Great
briefing in the Petition for Certiorari if you are interested.
https://www.scotusblog.com/case-files/cases/hull-v-rockwell/
Paul
On Fri, Mar 5, 2021 at 10:32 AM dbc dbclarklaw.com <dbc at dbclarklaw.com>
wrote:
> 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
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