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In re Green (Case No. 04-75144) 03/01/2007

The Court granted the Chapter 7 trustee's motion for the debtor to turn over property of the estate (money in the debtor's checking account at the time of filing) under 11 U.S.C. § 542 because debtor did not claim a valid homestead exemption under Va. Code § 34-17 in such money.  Further, the Court held that it could not give the debtor the benefit of the equity in a vehicle which she claimed in her homestead deed because the debtor did not own such equity at the time the debtor signed her schedules or at the time the debtor claim such exemption by signing and filing for record the debtor's homestead deed.

Date: 
Thursday, March 1, 2007
Category: 
Homestead Deed
Property of the Estate
Schedules
Turnover
Chapter: 
7