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Session Laws, 1981
Volume 741, Page 2841   View pdf image
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HARRY HUGHES, Governor

2841

(4) THE DEBTOR'S INTEREST, NOT TO EXCEED $500 IN
VALUE, IN HOUSEHOLD FURNISHINGS, HOUSEHOLD GOODS, WEARING
APPAREL, APPLIANCES, BOOKS, ANIMALS KEPT AS PETS, AND OTHER
ITEMS THAT ARE HELD PRIMARILY FOR THE PERSONAL, FAMILY, OR
HOUSEHOLD USE OF THE DEBTOR OR ANY DEPENDENT OF THE DEBTOR.

[(4) $1,000] (5) $3,000 or property of any kind
equivalent in value to [$1,000] $3,000.

[(b)] (C) If the [defendant] DEBTOR elects to exempt
property in accordance with [subparagraph (a) (4)]
SUBSECTIONS (A) (B) (4) AND (A) (B) (5) of this section, the
sheriff shall obtain a signed appraisal by a disinterested
appraiser of the property selected by the [defendant]
DEBTOR. The appraisal shall be returned with the writ.

[(c)] (D) The [defendant] DEBTOR may not waive, by
cognovit note or otherwise, the provision of subsection
[(a)] (B) of this section.

[(d)] (E) The exemptions in this section do not apply
to wage attachments.

(F) (1) IN ADDITION TO THE EXEMPTIONS PROVIDED IN
SECTION 11-504(B) OF THIS SUBTITLE, AND IN OTHER STATUTES OF
THIS STATE, IN ANY PROCEEDING UNDER TITLE 11 OF THE UNITED
STATES CODE, ENTITLED "BANKRUPTCY", ANY INDIVIDUAL DEBTOR
DOMICILED IN THIS STATE MAY EXEMPT THE DEBTOR'S AGGREGATE
INTEREST, NOT TO EXCEED $4,500 IN VALUE, IN REAL PROPERTY OR
PERSONAL PROPERTY THAT THE DEBTOR OR A DEPENDENT OF THE
DEBTOR USES AS A RESIDENCE, OR IN A COOPERATIVE THAT OWNS
PROPERTY THAT THE DEBTOR OR A DEPENDENT OF THE DEBTOR USES
AS A RESIDENCE.

(2) AS A CONDITION TO THIS EXEMPTION, THE DEBTOR
SHALL SHOW BY A PREPONDERANCE OF THE EVIDENCE THAT HE HAS
ATTEMPTED TO NEGOTIATE A REPAYMENT SCHEDULE WITH HIS
CREDITORS.

(F) (G) IN ANY BANKRUPTCY PROCEEDING, A DEBTOR IS NOT
ENTITLED TO THE FEDERAL EXEMPTIONS PROVIDED BY § 522(D) OF
THE UNITED STATES BANKRUPTCY CODE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1981.

Approved May 19, 1981.

CHAPTER 766
(House Bill 1035)

 

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Session Laws, 1981
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