In addition to any exemption of personal property, an individual debtor's aggregate
interest, not to exceed five thousand dollars ($5,000) in value, in real or personal property
that such debtor or a dependent of such debtor uses as a permanent residence in this state,
or in a burial plot for such debtor or a dependent of such debtor is exempt from sale under
execution, attachment or judgment, except to foreclose a mortgage given by the owner of
a homestead or for purchase money due thereon. This exemption shall not apply if the
debt or liability existed prior to the purchase of the property or the erection of the
improvements thereon.
Effective: April 9, 1980
History: Amended 1980 Ky. Acts ch. 236, sec. 4, effective April 9, 1980. -- Recodified
1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1702.
Notes of Decisions
Cited in
24
cases, 1942–2020 · leading case:
In Re Lynch
In Re Lynch (1995)
kyeb · cites it 4×
“There is no dispute about the fact the property is the debt- or’s residence or that the debtor claimed and was allowed an exemption in the property to the extent of $5,000 under KRS 427.060 during the course of his chapter 7 bankruptcy proceeding.”
Newman v. Estate of Hobbic (2018)
kyctapp · cites it 6×
“In particular, Newman asserts that the judgment lien notice failed to properly state the interest rate on the judgment, failed to state that court costs were awarded, failed to include the complete text of KRS 427.060, failed to include the "header" of KRS 427.”
In Re Washington (1981)
kywb · cites it 3×
“This bankruptcy case comes before the Court on objection of the trustee wherein the trustee contends that the debtor is not entitled to claim a homestead exemption in a house and lot listed in Schedule B-l and claimed exempt pursuant to KRS 427.060. The facts pertaining to this…”
In Re Lawson (1984)
kyeb
“For example, under Kentucky law (KRS 427.060) a debtor may claim a homestead exemption in the debt- or’s aggregate interest, not to exceed $5,000 in value, in real or personal property that such debtor or a dependent of the debtor uses as a permanent residence in this State, or…”
In Re Conyers (1991)
kyeb
“00 in the real property at 1642 Lindy Lane under KRS 427.060 which provides as follows: 427.”
Ball v. Smiddy (1952)
kyctapphigh · cites it 3×
“180; and that the property is used by her as a homestead and as such is exempt from sale under execution by the provisions of KRS 427.060. The circuit court held that the property was exempt from levy and sale and therefore granted appellee an injunction.”
In Re Kincaid (1985)
kywb · cites it 2×
“KRS § 427.060 (1985). 2 . Id. 3 . In his response to the debtor’s brief, the trustee stated: “in the alternative [to disallowing the debtor’s homestead exemption] if there is any ambiguity to the Circuit Court’s Order, the matter could easily be referred to the Daviess Circuit…”
In Re Jent (1984)
kywb
“Benny Wayne Jent filed a Chapter 7 petition on April 19, 1982, and claimed his homestead exempt under KRS 427.060. This realty was encumbered by a judicial lien lodged to record just five days before.”
In Re Powell (1994)
kyeb · cites it 2×
“He has claimed a homestead exemption in the property pursuant to KRS 427.060 in the amount of $5,000. Powell has moved to avoid the judicial lien of Fifth Third pursuant to 11 U.”
In Re Grisanti (1945)
kywd · cites it 2×
“, provides that the bankrupt shall be entitled to the exemptions which are prescribed by the laws of the United States or by the State laws in force at the time of the filing of the petition, with certain exceptions to be hereinafter referred to. Accordingly, the allowance or…”
In Re Vaughan (1995)
kyeb
“tors must be considered in determining domicile, the Court must also look at the objective facts of the debtors’ actions in evaluating the matter where the debtors have much to gain, as here, because of the disparity in the essentially unlimited Florida homestead exemption as…”
Lunsford v. Witt (1958)
kyctapp
“Sheridan and his wife Mary testified they jointly bought this 60 acre tract, which is rough land, containing no improvements and does not adjoin cither of the other two tracts.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.