United States Seventh Circuit

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In re: Belcher, 07-2174

District court erred in allowing bankrupt husband to claim a homestead exemption in marital home because wife's name alone appeared on the title. Husband's potential equitable property interests in the home under divorce law, and his "possessory interest" in the family residence as spouse of the homeowner, were insufficient to permit him to claim the homestead exemption.

Appellate Information

  • Argued 02/26/2008
  • Decided 12/31/2008
  • Published 12/31/2008

Judges

  • SYKES, Circuit Judge., Before KANNE, SYKES, and TINDER, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Donald M. Samson (argued), Belleville, IL, pro se.

  • For Appellees:
  • Katherine R. Belcher, Carlinville, IL, pro se, Leslie A. Wood (argued), Thomas, Mottaz & Eastman, Alton, FL, for Debtor-Appellee., Keith A. Belcher, Bethalto, IL, pro se, Leslie A. Wood (argued), Thomas, Mottaz & Eastman, Alton, FL, for Debtor-Appellee.