In Re Capps

How courts have described this case

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

• ruling that an Idaho debtor could not exempt real property located in Colorado under Idaho law
• “the determination of whether a statute has extraterritorial effect is a matter of state law interpretation”
• “[A]s long as the debtor may take advantage of some 2 state exemption, the hanging paragraph does not allow the debtor to use the § 522(d) 3 exemptions.”
• “. . . to allow a debtor to utilize the federal exemptions provided by § 522(d), the debtor must be ineligible for all state exemptions in all potential states”
• “Therefore, even if a debtor cannot take advantage of any state’s homestead exemption, as long as the debtor may take advantage of some state exemptions, the hanging paragraph does not allow the debtor to use the § 522(d) exemptions.”

Source: CourtListener parenthetical corpus (CC0).