Critical Case Comment – Greene v. Savage, 2009 WL 3152191 (9th Cir. October 2, 2009) (Timlin)

Greene v. Savage, 2009 WL 3152191 (9th Cir. October 2, 2009) (Timlin)

A debtor owning real property more than 1,215 days prior to the filing of a bankruptcy may claim a homestead exemption unlimited by § 522(p)(1) even where the debtor only asserts the homestead within the 1,215-day period.

Summary of the Case

Scott Greene purchased a parcel of undeveloped land in Sparks, Nevada in May of 1994. In 2004 he had moved . . .

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