The Diaz case (In re Diaz, 547 B.R. 329, 9th Cir. BAP), has not received enough love but I find it to be too fascinating not to write about because of its potential for so much advantage!
There were essentially two holdings in the case:
- The California homestead exemption contains a “residence” requirement which includes an “intent” component; and
- The burden is on the Debtor to prove intent.
The intent component of the residence requirement requires that debtors have a bona fide intention to make the premises their home or residence.