Kaufman v. Balaber-Strauss (In Re Kaufman)

DECISION ON COMPLAINT FOR IMMEDIATE PAYMENT OF A CLAIMED HOMESTEAD EXEMPTION

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This adversary proceeding was brought to declare the debtor's right to a homestead exemption and to compel the trustee in this Chapter 7 case to pay over to him that portion of the proceeds of the sale of a house to which a homestead exemption applies. The trustee opposes the debtor’s contention that a trustee may be compelled to distribute these funds to the debtor before the final distribution delineated under 11 U.S.C. § 726.

FACTS

1. On October 24, 1984 the debtor, Michael J.…