Redmond v. Kester

TYMKOVICH, Circuit Judge.

This case is before us following our certification of a novel and dispositive issue of state law to the Kansas Supreme Court. In 1996, Donald and Charlotte Kester transferred by quit claim deed ownership of their principal residence to self-settled living revocable trusts (collectively, “the Trust”). Both of the Kesters were named as beneficiaries of the Trust. In 2002, they filed a joint petition for Chapter 7 bankruptcy, claiming their residence as exempt under the Kansas homestead statute, Kan. Stat. Ann. § 60-2301. The trustee in bankruptcy challenged the debtors’…