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In re Kern (Case No. 17-71159) 11/29/2017

The Chapter 13 Trustee objected to the Debtors’ claim of exemptions under Virginia law.  The Debtors live close to the Virginia-Tennessee state line and have taken steps toward changing their residence from Virginia to Tennessee, including buying a house in Tennessee, but have not physically moved.  The question before the Court is whether buying a residence in another state with the intention to move is enough to change one’s domicile.  The Court held that, under the circumstances of this case, it was not.  In this case, the Debtors vote in Virginia, register their cars in Virginia, have Virginia driver’s licenses and attend church and work in Virginia.  As the Debtors can only maintain one domicile, that domicile is Virginia and the court overruled the Trustee’s objection.

Date: 
Wednesday, November 29, 2017
Category: 
Exemptions
Chapter: 
13