The “Snapshot” Rule – Part 2: When is the Rule Not Determinative?

By Lawrence R. Ahern III, Brown & Ahern (Nashville, TN)

Introduction

We saw in Part 1 that the circuits are falling in line to follow the "snapshot" rule, fixing the debtor's exemption rights as of the date of the petition and finding support in both the Code and recent Supreme Court jurisprudence. As the First Circuit put it . . .

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