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· 7/6/2009

Baiquan Jin v. Holder

Citations

  • 336 F. App'x 717

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that eligibility to claim a homestead exemption turned on debtor’s “state of mind as of the filing date” and whether she “constructively occupied” a property that she had not previously occupied for over seven years
  • although the subject property lacked basic necessities, the debtor admitted that she did not actually physically occupy the subject premises
  • “When occupancy of the exempt property ceases the purpose of the homestead ceases too.” (citation and internal quotation marks omitted)
  • “The intent to reside has been defined as ‘a bona fide intent to reside there as one’s principal residence— not in the future, but on the petition date.’ ”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paez, Smith, Tallman

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.