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N.D. Ohio· 11/19/1987

In Re Cope

Citations

  • 80 B.R. 426
  • 1987 Bankr. LEXIS 1898
  • 1987 WL 21905

How courts have described this case

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

  • observing that “[i]n interpreting the Ohio exemption statutes, courts have held that there should be a general rule of liberality”
  • holding debtor entitled to a homestead exemption because residence continues until property is abandoned; intent to abandon at some future time does not end debtor’s use of property as residence
  • finding that once a debtor’s residency has been established, it continues until the property has been abandoned, which requires both an intent to abandon and actually leaving
  • holding debtor entitled to a homestead exemption because residence continues until property is abandoned; intent to abandon at some future time does not end debtor’s use of property as residence
  • stating, “[c]ase law strongly supports the proposition that a debtor’s right to exemptions is determined as of the date the Petition is filed,” and citing case law as far back as 1924

Source: CourtListener parenthetical corpus (CC0).

Judges: Richard L. Speer

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Cited by

11 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

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