In Re Monsivais

MEMORANDUM OF OPINION ON HOMESTEAD

JOHN C. AKARD, Bankruptcy Judge. 2

Donald S. Leslie, the Trustee in Bankruptcy (Trustee) in the Chapter 7 proceedings of Jose J. Monsivais and wife, Diane B. Monsivais (Debtors) objected to their claim of an urban homestead in property owned by a partnership. The court finds that the Debtors are not entitled to claim that property as their exempt homestead. 3

FACTS

The matter was submitted to the court on Stipulations of Fact. The court will summarize the stipulations to the extent necessary for an understanding of this opinion.

The Debtors filed for relief under…