Does a debtor's decision not to claim a state-law homestead exemption in a home that is property of the debtor's bankruptcy estate bind the wife to claim the exemption?

federal, United States of America

The following excerpt is from Salven v. Galli (In re Pass), 553 B.R. 749 (B.A.P. 9th Cir. 2016):

in Burman v. Homan (In re Homan), 112 B.R. 356 (9th Cir. BAP 1989). There, the non-debtor wife of a chapter 7 debtor attempted to claim a state-law homestead exemption in a home that was property of the bankruptcy estate. The debtor had claimed no exemption in the home and had asserted unrelated federal exemptions instead. We held that the debtor's decision not to claim an exemption binds the non-filing spouse. Id. at 359. Because he had elected not to claim the home as exempt, his wife was unable to claim an exemption of her own. Id.

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