Pelley Law Office LLP
Dallas Office
Plano Office
Sherman Office

No Charge For Initial Consultation ($250 value)

Menu Contact

Over 80 Years Of Combined Experience

View Our Practice Areas

Exemptions and Negligent Homicide

A case out of the 1st Circuit dealt with a debtor who was found guilty of negligent homicide by a motor vehicle.  She settled the case with the victim's husband and then filed Chapter 7 bankruptcy.  The debtor claimed a homestead exemption of $500,000.  She argued that the negligent homicide was not a "criminal act" under section 522(g)(1)(B)(iv), thus her homestead exemption should not be capped.  

She claimed that in order for negligent homicide to be a criminal act, there must be a mens rea requirement beyond negligence.  Additionally, the debtor argued that public policy required the homestead exemption be liberally construed.  The court of appeals concurred with the bankruptcy court's holding that the term "criminal act" included negligent homicide by a motor vehicle and that a conviction was not required to trigger the cap on the homestead exemption, and it was capped at $125,000.

No Comments

Leave a comment
Comment Information

Awards & Recognition

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Plano office
Sherman office
Dallas office

Plano Office
1312 14th Street, Suite 100
Plano, Texas 75074

Phone: 972-608-0335
Map & Directions

Sherman Office
905 North Travis Street
Sherman, Texas 75090

Phone: 903-813-4778
Map & Directions

Dallas Office
100 Crescent Court
Suite 700
Dallas, Texas 75201

Phone: 214-733-1775
Map & Directions