In Re: Milburn Hogue and Melanie Hogue

The certified question from the United States Bankruptcy Court for the Middle District of Tennesse
that we address in this case is: what amount may each member of a married couple with custody of a minor child claim as a homestead exemption, pursuant to Tennessee Code Annotated section 26-2- 301(f), in a joint petition for bankruptcy? We hold that the statute allows each individual debtor spouse with custody of a minor child to claim a $25,000 exemption for a combined exemption of $50,000, based upon the plain and ordinary meaning of the statutory language. Tenn. Sup. Ct. R. 23 Certified Question of Law