Case Summary:
In her Chapter 7 schedules the Debtor claimed fee simple ownership of two pieces of real property, one located in Madison, Wisconsin, the other in Laona, Wisconsin. Although the Debtor essentially conceded that she had resided in the Madison property since 2011, she sought to exempt the Laona property as her homestead under Wis. Stat. § 815.20(1). The Chapter 7 Trustee objected to the claimed exemption, arguing that the fact that the Debtor had clearly resided in the Madison property (as evidenced by the Debtor’s driver’s license, tax filings, and the bankruptcy filing itself), precluded her from claiming the homestead exemption for the Laona property. The Debtor responded by asserting that although she had not resided in the Laona property, she had, per § 815.20(1), occupied it, as evidenced by the fact that she spent weekends and summers at the property and maintained the property with food and furnishings. Relying on In re Lackowski, No. 08-21496-pp (Bankr. E.D. Wis. Sept. 2008), the Court found in favor of the Debtor. Specifically, the Court held that although the Trustee had established that the Debtor resided in the Madison property, § 815.20(1) required only that a debtor occupy a property in order to claim the homestead exemption, and nothing prohibited a debtor from occupying two properties concurrently, only from claiming both as homesteads.
Statute/Rule References:
Wis. Stat. § 815.20
Key Terms:
Homestead Exemption
Primary Reside