Federal Land Bank of Omaha v. Ellingson (In Re Ellingson)

ORDER ON APPEAL

HANSEN, District Judge.

This case is before the court on plaintiff Federal Land Bank of Omaha's appeal from the order of the bankruptcy court (Honorable Thomas Wood, Judge) overruling the plaintiffs objection to debtors’ homestead exemption. Plaintiff Federal Land Bank of Omaha (Bank) has filed a brief in this appeal. The court, having reviewed the record on appeal and read the brief, determines that the bankruptcy judge’s decision is incorrect and should be overruled.

The factual background of this case is not in dispute. Briefly, the facts are as follows: On April 9, 1980, the…