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In re Poullath (Case No. 23-61057) 03/07/2024

The chapter 13 trustee objected to the debtor’s use of Virginia Code § 34-13, and that section’s reference to unused exemption amounts under Virginia Code § 34-4, to claim an exemption in personal property not used as her primary residence. The Court declined to read prohibitive language into the Virginia Code that was not present. Because Virginia Code § 34-13 by its terms permits a householder in Virginia to claim an exemption in personal property up to the value of any unused portion of the exemption to which she is entitled to claim under Virginia Code § 34-4, the Court found that the debtor was entitled to claim an exemption under Virginia Code § 34-13 in her personal property. The Court thus overruled the chapter 13 trustee’s objection.

Date: 
Thursday, March 7, 2024
Category: 
Chapter 13 Issues
Exemptions
Chapter: 
13