Posted Apr 10, 2019

In January 2019, the bankruptcy court in In re: ERIK MARTINEZ found that the homestead exemption was lost since the Debtor rented his home for approximately 2 and a half years prior to filing bankruptcy. Despite the requirement to liberally interpret the exemption in favor of the Debtor and the fact that the Debtor was transitioning to a new home, although in a convoluted manner, the court found that it was too much of a strain to find in favor of the homestead exemption after going through a detailed analysis of the facts.