From the Editor – Property of Estate and Exemptions

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By The Honorable William Houston Brown (Retired)

Avoidance of judicial lien. Under Rhode Island’s homestead exemption, a mixed-use residential/commercial property fell within the exemption’s scope, and the judicial lien impaired the exemption, permitting the debtor to avoid the lien. There was no language in the statute limiting application to purely residential structure; alternatively, under a “predominant-use” test, the property qualified as residential. In re Carpenter, 559 B.R. 551 (Bankr. D. R.I. 2016).

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The Honorable William Houston Brown retired in 2006 as a United States . . .

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