In Re Sipka

MEMORANDUM AND ORDER

BELOT, District Judge.

This matter comes before the court on debtor’s appeal 1 of the bankruptcy court’s ruling sustaining the trustee’s objection to the debtor’s claim of a homestead exemption in cash proceeds from a division of marital property. The facts have been set forth in the bankruptcy court’s order and are not in dispute. The issue 2 to be decided is whether the proceeds from an involuntary sale of a debtor’s homestead in another state fall within the Kansas homestead exemption statute 3 when the debtor moves to Kansas.

Bankruptcy Rule 8013 sets forth the standard…