United States Bankruptcy Court for the District of South Dakota
07/23/2026 | Press release | Archived content
In re LuAnn Julia Olson
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In re LuAnn Julia Olson
Bankr. No.:
25-10087
Chapter:
7
Date of Decision:
July 23, 2026
Issue:
Whether the chapter 7 debtor may claim a homestead exemption under S.D.C.L. §§ 43-31-1, 43-31-4, and 43-45-3(1) in property which the debtor owned and lived on in the past but did not reside on the date of filing nor intend to return to the property in the future because it was uninhabitable?
Ruling:
Yes. In construing S.D.C.L. §§ 43-31-1 and 43-45-3 liberally in the debtor's favor as it relates to her homestead, the Court found the debtor had preserved her homestead interest since the debtor owned and maintained the property on the date of filing bankruptcy and embraced it as her home, she stated she would have remained on the property until after the sale had it been habitable, she claimed no other property as her homestead, and the chapter 7 trustee failed to prove the debtor intended to voluntarily abandon the property as her homestead.
Full Bankruptcy Court Decision:
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