Wells v. West Greeley National Bank (In Re Wells)

MEMORANDUM OPINION AND ORDER

ROLAND J. BRUMBAUGH, Bankruptcy Judge.

THIS MATTER comes before the Court on the objection by West Greeley National Bank (Bank) to the Debtor’s Claim of Exemption and the Debtor’s Complaint to void the lien of the Bank under 11 U.S.C. § 522(f).

The issue in both cases is whether, and to what extent, the Debtor is entitled to claim a homestead exemption in a duplex, half of which she occupies as her residence and half of which she rents to an unrelated third party. The Bank has claimed that the homestead exemption should only apply to the half of the equity in the…