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In re Dyke (Case No. 04-03479) 12/02/2004

Upon the Trustee's Objection to the Debtors' Exemptions, the Court held that the male Debtor was entitled to a $5,000 homestead exemption plus an additional $1,500 exemption for the Debtors' three dependent children under Virginia Code § 34-4, but held that the female Debtor may only claim $5,000 as she does not provide the primary financial support for the dependents.  Virginia Code § 34-4 provides that "in no case shall an individual be the dependent of more than one householder."  Therefore, only one Debtor may claim the three children as "dependents" under § 34-4, and accordingly, only one debtor may claim the additional $1,500 exemption under § 34-4.

Date: 
Thursday, December 2, 2004
Category: 
Exemptions
Chapter: 
7