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IN RE BROWN

No. 03-70327 HDH-13.

299 B.R. 425 (2003)

In re Richard Allen BROWN and Dawn Marie Brown, Debtors.

United States Bankruptcy Court, N.D. Texas, Wichita Falls Division.

September 17, 2003.

Attorney(s) appearing for the Case

Robert O. Rafuse, Rafuse and Bianchi, Wichita Falls, TX, for Debtors.

Marc McBeath, Office of the Chapter 13 Trustee, Lubbock, TX, Chapter 13 Trustee.

MEMORANDUM OPINION

HARLIN D. HALE, Bankruptcy Judge.

May the Debtors, who reside on a military base, utilize Bankruptcy Code § 522(d)(1) and claim a timeshare at a vacation resort as exempt?

Factual Background

The facts are undisputed. Debtors, Richard Allen Brown and Dawn Marie Brown, have their primary residence on a Texas military base. They elected the federal exemptions and seek to exempt their interest in a timeshare...

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