The estate or property in which proceeds of sale are invested, or which may be acquired in exchange, under any of the preceding sections of this chapter, shall be held exempt in like manner and to the like extent as the estate sold or exchanged was held. But such estate or property when acquired in exchange or otherwise than by investment under an order of court, or unless when set apart by a court, shall be set apart, if real estate, by such a writing as is prescribed by § 34-6; if personal estate, by such a writing as is prescribed by § 34-14; and such writing shall be recorded as provided by the same sections, respectively. In addition to the requirements of such sections, the writing shall state from what source the estate was derived and with what means acquired. When such estate is invested or set apart under an order of court, a copy of the order and of any report of a commissioner or other officer making the investment thereunder, if confirmed, and a copy of the order of confirmation, duly certified by the clerk of the court, shall be recorded in the deed book of the county or city wherein the writing, if the estate had been set apart by a writing, is required to be recorded.
Code 1919, § 6546.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1983–2024 · leading case:
In Re Heater, 189 B.R. 629 (Bankr. E.D. Va. 1995).
In Re Heater, 189 B.R. 629 (Bankr. E.D. Va. 1995).
· cites it 12× “, Va. Code § 34-20. While some filings may result in redundancy, and in some instances, the filing may represent nothing more than a meaningless gesture, the cost of compliance is simply a price necessary to ensure notice and protection for the parties involved.”
In Re Redmon, 31 B.R. 756 (Bankr. E.D. Va. 1983).
“00, has been once set apart to be held by householder as exempt under § 34r4, he shall not after-wards be entitled to the exemption of any *758 estate other than that so set apart or that mentioned in the preceding section (§ 34-20) and §§ 34-18, 34-26, 34-27, and 34-29.”
In Re Williams, 337 B.R. 846 (Bankr. E.D. Va. 2005).
· cites it 13× “Va.Code § 34-20 provides for the exemption of property a debtor purchases with the proceeds of exempt property.”
Nicole J Poullath (Bankr. W.D. Va. 2024).
“pending before the General Assembly to amend Virginia Code § 34-13 to add: “For the purposes of this section, the exemption under § 34-4, or unused portion thereof, that is limited by such section to real or personal property used as the principal residence of the householder or…”
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