Legal Opinion

Burman v. Homan (In Re Homan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 13, 1990No. BAP Nos. WW-89-1115-MeAsJ, WW-89-1147-MeAsJ, Bankruptcy No. 88-00875-Y7, Adv. No. A88-06149PublishedCited by 19 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

This appeal raises two questions. The first is whether federal bankruptcy law permits a nondebtor spouse to claim a state homestead exemption in community property where the debtor spouse schedules federal exemptions in unrelated property. The second is whether unrecorded judgments against a marital community create valid liens upon the real property of the marital community under Washington law. We REVERSE in part and AFFIRM in part.

II

FACTS

Daniel Wood Homan and Carolyn Elizabeth Homan, a married couple, purchased twenty acres of real property (“Island…

2Cases cited11 opinions

  1. In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
  2. Washington Mutual Savings Bank v. James (In Re Brooks)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  3. In Re Elna Kay Brooks, Debtor. Nancy James, Trustee v. Washington Mutual Savings BankCourt of Appeals for the Ninth Circuit · 1989
  4. In Re Softalk Publishing Co., Inc., Debtor. The Webb Company, a Minnesota Corporation v. First City BankCourt of Appeals for the First Circuit · 1988
  5. Traders' National Bank v. SchorrWashington Supreme Court · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Hohenberg v. Hohenberg (In Re Hohenberg)United States Bankruptcy Court, W.D. Tennessee · 1992
  2. Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. Rooz v. Kimmel (In Re Kimmel)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
  4. Law Offices of Moore & Moore v. Stoneking (In Re Stoneking)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  5. In Re CathcartUnited States Bankruptcy Court, E.D. Virginia · 1996

14 more not listed; retrieve them via the Exa API.

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