Idaho Code § 11-609
Nonauthorization of federal bankruptcy exemptions.
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Nonauthorization of federal bankruptcy exemptions.
In any federal bankruptcy proceeding, an individual debtor may exempt from property of the estate only such property as is specified under the laws of this state.
Notes of Decisions
Cited in 65
cases (7 in the last 5 years), 1985–2026 · leading case: In Re Steinmetz
In Re Steinmetz (2001)
“Idaho Code § 11-609 . As the objecting party, Trustee has the burden of showing a claimed exemption is improper.”
In Re Kline (2005)
“Even If Idaho Law Applies, Debtors Can Not Claim a Homestead Exemption. Idaho has accepted the Code’s invitation to restrict its citizens to the exemptions allowed under state law.”
In Re Bush (2002)
“See § 522(b)(1); Idaho Code § 11-609 . 6 .He relies, in large part, on Nolo Press publications for purposes of providing what he feels to be a complete, accurate and up-to-date list.”
In Re DeHaan (2002)
“Idaho Code § 11-609 . Idaho law therefore controls the validity of the claimed exemption, though this Court interprets and applies the law in bankruptcy proceedings.”
In Re Capps (2010)
“Idaho Code § 11-609 . Among the Idaho exemption statutes is a “homestead exemption,” which allows a debtor to exempt up to $100,000 in value in a qualified homestead.”
In Re Antonie (2010)
“Idaho 1991) (“Idaho has elected through legislative directive, Idaho Code § 11-609 , to restrict its residents from access to the specific Federal bankruptcy exemptions found in Section 522(d) of the Code[.”
Hopkins v. Cerchione (In Re Cerchione) (2009)
“Idaho 1991); § 522(b); Idaho Code § 11-609 . 1. Guidelines for interpretation The Idaho Supreme Court has provided the following guidance to interpreting Idaho laws: The interpretation of a statute is a question of law over which this Court exercises free review.”
In Re Hoffpauir (2001)
“See, § 522(b); Idaho Code § 11-609 . Idaho’s statutory exemption provisions are to be liberally construed in order to protect debtors and their fresh start.”
In Re Moore (2001)
“See Idaho Code § 11-609 . Therefore, Moore is limited to the exemptions allowed under Idaho state law.”
In Re Cerchione (2009)
“Idaho Code § 11-609 . Therefore, Idaho’s exemption laws control what property Debtors may exempt, and the resolution of issues in this case.”
Hopkins v. Idaho State University Credit Union (In Re Herter) (2011)
“Idaho Code § 11-609 . Idaho’s statutes limit a debtor’s homestead exemption to no more than $100,000 of a homestead’s value.”
In Re Dever (2000)
“Since Idaho has opted-out of § 522’s federal exemptions, see Idaho Code § 11-609 , state law controls the validity of the claimed exemption, though this Court interprets and applies that law in bankruptcy proceedings.”
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