NY homestead exemption generally requires actual physical occupancy of the residence or an intent to reside permanently

Memorandum Decision signed on 11/15/2013 Granting Objection to Homestead Exemption and Denying Motion to Avoid Judicial Lien.

In Re: 13-35317-cgm Samye Issa 2013-11-15
Chief Judge Cecelia G. Morris

Bankruptcy Court Southern District of New York, Poughkeepsie Division Debtor’s former attorney and the holder of a judicial lien against real property that Debtor claims as her residence opposed Debtor’s motion to avoid his judicial lien and objected to Debtor’s use of the homestead exemption. Debtor is not residing in the property upon which she claimed a homestead exemption and evidence at trial showed that Debtor did not intend to reside at that property on the petition date. As such, the Court grants the objection to the homestead exemption and denies the motion to avoid the judicial lien.