IN RE THOMAS

Bankruptcy No. 82-B-20678.

27 B.R. 367 (1983)

In re Evelyn Frances THOMAS, Debtor.

United States Bankruptcy Court, S.D. New York.

February 3, 1983.


Attorney(s) appearing for the Case

Miriam Teitelbaum, New York City, trustee.

Kenneth Busman, White Plains, N.Y., for debtor.

Teitelbaum & Gamberg, P.C., New York City, for trustee.


HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in this Chapter 7 case objects to the homestead exemption claimed by the debtor in her bankruptcy petition on the ground that the property in question is not occupied by the debtor as a principal residence. The debtor concedes that she does not occupy the marital home, but argues that she was driven out of the home by her husband's conduct, which, among other things, resulted in a non-judicial separation agreement...

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