Sunday, March 9, 2008
Iowa Homestead Exemption Applied to Arkansas Homestead
In re Williams, 369 B.R. 470 (Bankr. W.D. Arkansas 2007). Filed in Arkansas and required to use Iowa exemptions. Home located in Arkansas. Homestead exemption under Iowa law is not resident specific. No requirement that owner be a resident of Iowa. No residency or territorial requirement. Per Drenttle, 403 F.3rd 611 (8th Cir. 2005) law can apply extraterritorially (References to state exemption statutes do not injvoke the entire law of the state. Congress used stated-defined exemptions while limiting the application of state policies that impair those exemptions). See also In re Arrol, 170 F.3d 934 (9th Cir. 1999)(Nothing in homestead exemption statutue explicitly limited homesteads to dwelling located within state). Section 522(b)(3)(A) encompasses a federal choice of law, the result of which may be contrary to a state court decision interpreting the statute. References to state exemption statutes do not invoke the entire law of the state. Drenttel, 403 F.3d at 614, cf., Butner v. United States, 440 U.S. 48 (1979)(property interest normally governed by state law could be analyzed differently if some federal interest requires a different result).