“Unknown” in this column means that nothing was found on this
issue for this state in readily available secondary sources.
Unfortunately, the courts are divided on what should be the
“default” conclusion in the absence of explicit authority
regarding a given state. See, e.g., In re Woodruff, 2005 WL
1139891 (Bankr.W.D.Mo.2005) (nothing in the Missouri
homestead exemption statute limits its applicability to Missouri
real estate); In re Drenttel, 309 B.R. 320 (B.A.P. 8th Cir.2004)
(plain language of the statute does not require the dwelling to
be located in the State of Minnesota); In re Ginther, 282 B.R.
16 (D.Kan.2002) (court quotes Kansas Supreme Court stating
“the fact that the provision does not expressly say that the
constitution is made for Kansas is not a good basis for an
inference that the framers were attempting to regulate and
protect the municipalities of other states”); In re Weza, 248 B.
R. 470 (Bankr.D.N.H.2000) (New Hampshire exemption may be
used outside New Hampshire because the language of the
homestead exemption statute does not limit the homestead
exemption to property located in New Hampshire); In re
Stratton, 269 B.R. 716 (D.Ore.2001) (state homestead
exemption is silent and Arrol decision is persuasive); In re
Arrol, 207 B.R. 662 (Bankr.N.D.Cal.1997), subsequently aff'd,
170 F.3d 934 (9th Cir. 1999) (nothing in the statute, legislative
history, or case law limited the exemption to property located
within the state); In re Sipka, 149 B.R. 181 (D.Kan.1992) (court
believes the majority rule is correct and Kansas would not
recognize an exemption in this case); In re Jevne, 387 B.R.
301 (Bankr.S.D.Fla.2008) (if the state's homestead statute is
silent as to its extraterritorial effect and there is no case law
precedent determining the propriety of its extraterritorial
application, the Court believes it is appropriate to interpret the
state's homestead law to apply extraterritorially based upon
the strong policy of liberally construing exemptions in favor of
the debtor as espoused by the Eighth and Ninth Circuit Courts
of Appeal). Additional decisions on this issue may be found in
the links to individual entries in this column.