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IN RE FOOR

No. 00-71981.

259 B.R. 899 (2000)

In re Robert L. FOOR, Jr., Mary Lorraine Foor, Debtors.

United States Bankruptcy Court, C.D. Illinois.

October 12, 2000.

Attorney(s) appearing for the Case

Michael J. Logan, Springfield, IL, for Debtors.

Mariann Pogge, Springfield, IL, Chapter 7 Trustee.

OPINION

LARRY L. LESSEN, Bankruptcy Judge.

The issue before the Court is whether a state court cause of action for termite damage to the Debtors' residence may be claimed as exempt pursuant to the Illinois homestead exemption, 735 ILCS 5/12-901.

The material facts are not in dispute. The Debtors, Robert and Mary Foor, purchased a home in Taylorville, Illinois in 1996. Norwest Mortgage, Inc. has a mortgage on the property, and the mortgage provides...

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