In re Cole

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

I

At issue is whether the debtor herein is entitled to a portion of the proceeds from the sale of his residence, pursuant to his claim of a homestead exemption under Cal. Civ.Proc.Code § 704.710 et seq. (West 1987).

The debtor claims that while the sale was conducted voluntarily, the sale of a debt- or’s residence by a Chapter 11 debtor, act*33ing as a debtor-in-possession engaged in the process of liquidating his assets, is akin to a Chapter 7 trustee selling the assets of a Chapter 7 debtor, which is in turn the equivalent of an “execution…