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October 2015 Archives

Can a Bankruptcy Debtor in Rochester Exempt Property that is Both Residential and Commercial?

A colleague of mine reports that Rochester Bankruptcy Judge Paul R. Warren appears to be of the opinion that property can qualify for the homestead exemption even if it is used in part for non-residential purposes. The issue came up in a recent hearing before the judge; no formal decision was delivered, but Judge Warren, according to this source, said from the bench that the debtor could exempt mixed-use property.

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