| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 14 MRSA §4422, sub-§1, as amended by PL 2003, c. 47, §§1 and | | 2, is further amended to read: |
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| | | 1. Principal residence. The exemption of a debtor's | | principal residence is subject to this subsection. For purposes | | of this subsection, "principal residence" means that place where | | the person has established a fixed and principal home to which | | the person, whenever temporarily absent, intends to return. |
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| | | A. Except as provided in paragraph B, the debtor's | aggregate interest, not to exceed $35,000 $100,000 in value, | | in real or personal property that the debtor or a dependent | of the debtor uses as a residence, or in a cooperative that | | owns property that the debtor or a dependent of the debtor | uses as a residence, or in a burial plot for the debtor or a | dependent of the debtor, provided that if minor dependents | of the debtor have their principal place of residence with | the debtor, the debtor's aggregate interest may not exceed | $70,000 and provided further except that if the debtor's | | interest is held jointly with any other person or persons, | the exemption may not exceed in value the lesser of $35,000 | | $100,000 or the product of the debtor's fractional share | times $70,000 $100,000. |
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| | B. The debtor's aggregate interest, not to exceed $70,000 | | $200,000 in value, in property described in paragraph A, if | | the debtor or a dependent of the debtor is either a person | | 60 years of age or older or a person physically or mentally | | disabled and because of such disability is unable to engage | | in substantial gainful employment and whose disability has | | lasted or can be expected to last for at least 12 months or | can be expected to result in death; provided that if the | | debtor's interest is held jointly with any other person or | | persons, the exemption may not exceed in value the lesser of | $70,000 $200,000 or the product of the fractional share of | the debtor's interest times $140,000 $200,000. This | | paragraph does not apply to liens obtained prior to its | | effective date or to judgments based on torts involving | | other than ordinary negligence on the part of the debtor. |
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| | | C. That portion of the proceeds from any sale of property | which that is exempt under this section shall be exempt for | | a period of 6 months from the date of receipt of such | | proceeds for purposes of reinvesting in a residence within | | that period. |
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| | | Sec. 2. 14 MRSA §4422, sub-§17 is enacted to read: |
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