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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9-26-4

Citation
Section 9-26-4
Parent Document
In Re Tetreault, 11 A.3d 635 (2011)
Jurisdiction
Rhode Island (state)
Effective Date
2011-01-13

Other Sections in This Document (98)

Full Text

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The debtor argues that the pending eviction action at the time of the bankruptcy filing did not preclude the availability of the homestead exemption. The debtor further contends that only a final judgment by a court of competent jurisdiction “would diminish the availability of [debt- or’s] homestead exemption.” The trustee, on the other hand, argues that debtor lacked legal standing to occupy or intend to occupy the property because of the fact that executrix initiated attempts to evict debtor so that the property could be sold under the will’s power of sale clause. We agree, and for the following reasons answer question three in the negative.