To what debts exemptions shall not apply (§ 34-5)—Virginia Decoded

To what debts exemptions shall not apply

The property exemptions created under this Code shall not be claimed against the following debts:

1. For the purchase price of such property or any part thereof. If the property purchased and not paid for is exchanged for or converted into other property by the debtor, such last named property shall not be exempted from the payment of such unpaid purchase money.

2. For spousal or child support obligations.

History

Code 1919, § 6531; 1918, p. 487; 1956, c. 637; 1986, c. 218; 1990, c. 942; 1991, c. 256; 2010, c. 550.

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Court Decisions

. . . Marion Frank Crawford v. V. Lee Bounds, Warden of Central . . . (Court of Appeals for the Fourth Circuit, 04/11/68)
. . . women. In Rabinowitz v. United States, 366 F.2d 34 (5 Cir. 1966), the conviction of a white . . .

Wicks v. Charlottesville (SCV, 10/14/74)
. . . Commonwealth. . . .

. . . United States v. Lewis Mayer Engleman, A/K/A Joe, A/K/A . . . (Court of Appeals for the Fourth Circuit, 10/25/90)
. . . splitting the difference between levels 32 and 34. . . .

In Re Byrd (United States Bankruptcy Court, E.D. Virginia, 11/02/81)
. . . located in the City of Petersburg. Virginia Code § 34-5 states that a homestead exemption shall not . . .

Erickson v. American Institute of Bio. Sciences (District Court, E.D. Virginia, 07/07/89)
. . . private sector entities." S.Rep. No. 345, at 34-5, reprinted in 1986 U.S.Code Cong. & Admin.News . . .

. . . Dominion Bank of the Cumberlands, Na v. James R. Nuckolls . . . (Court of Appeals for the Fourth Circuit, 12/18/85)
. . . section 34-4]. . . .

In Re Shines (United States Bankruptcy Court, E.D. Virginia, 05/17/84)
. . . troubling aspect of Va. Code § 34-5. More generally, the implications of Va.Code § 34-5 are . . .

In Re Hayes (United States Bankruptcy Court, E.D. Virginia, 09/10/90)
. . . Virginia Code § 34-5 operates to deprive the debtor of his homestead exemption. Section 34-5 . . .

. . . 22 Collier bankr.cas.2d 1031, Bankr. L. Rep. P 73,589 in Re . . . (Court of Appeals for the Fourth Circuit, 04/03/90)
. . . Va.Code Sec. 34-5(5). . . .

In Re Godfrey (United States Bankruptcy Court, E.D. Virginia, 12/08/88)
. . . debtor's motor vehicle on the basis of Section 34-5 of the Code of the Commonwealth of Virginia, . . .

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