In re Billings

Memorandum of Decision

Debtor Charles Billings fives with his unmarried 24-year-old daughter, Sierra, who suffers from epilepsy. Although she lived away from home briefly and has at times held low-paying jobs, Sierra has never been capable of steady employment. Because of her epilepsy, she is not permitted to drive. She moved back with Billings in 1999, when she became pregnant. Since that time, Billings has provided her room and board.

The issue before the court is whether these facts entitle Billings to claim the higher homestead exemption provided by California Code of Civil Procedure § 704.730(a)(2) to one who is a member of a family unit. “Family unit” is defined in § 704.710(b)(2)(D) as the debtor and “[a]n unmarried relative described in this paragraph who has attained the age of majority and is unable to take care of or support himself or herself.” If Billings is entitled to the higher homestead, his Chapter 13 plan is confirmable; if not, the trustee’s objection to the plan must be sustained.

The leading case on this issue is In re Howell, 638 F.2d 81 (9th Cir.1980). In that case, the court held that a debtor who had living with him his 23-year-old son was entitled to…