Winchester v. Watson (In Re Winchester)

ASHLAND, Bankruptcy Judge:

This is an appeal from an order of the bankruptcy court sustaining the trustee’s objection to the debtors’ claimed exemptions on proceeds from the sale of their home.

The bankruptcy court held that the debtors were not entitled to their claimed exemptions because they failed to reinvest the proceeds from the sale of their homestead into a new homestead within one year as required by Oregon Revised Statutes § 23.240(2) and that the controlling date for determining exemptions was the date of conversion from a Chapter 13 to Chapter 7 case, not the date of filing the…