Legal Opinion
Swenor v. Robertson
District Court, N.D. California
Decided April 6, 1978No. 577-005000-M, C-77-2271PublishedCited by 11 opinions
1Opinion of the Court
ORDER
PECKHAM, Chief Judge.
This is an appeal by the trustee in bankruptcy, Jerome Robertson, from a decision by Bankruptcy Judge Moore that the bankrupts, Mr. and Mrs. Swenor, are entitled to a $30,000 homestead exemption rather than the $20,000 exemption allowed by the trustee.
The dispute as to the proper amount of the exemption centers around section 1260 of the California Civil Code. In 1970, the statute was amended to increase the homestead exemption from $15,000 to $20,-000. In addition, a second paragraph was added, which stated,
Any declaration of homestead which has been filed prior to…
2Cases cited9 opinions
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Rauer's Collection Co. v. HigginsCalifornia Court of Appeal · 1948
- Constance v. HarveyCourt of Appeals for the Second Circuit · 1954
- John O. England, Trustee of the Estate of Daniel E. Sanderson, Bankrupt v. Daniel E. Sanderson, BankruptCourt of Appeals for the Ninth Circuit · 1956
- Louis S. Miguel v. Edward M. WalshCourt of Appeals for the Ninth Circuit · 1971
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Whalen-GriffinUnited States Bankruptcy Court, D. Massachusetts · 1997
- In Re SkipwithUnited States Bankruptcy Court, S.D. California · 1981
- In Re MorzellaUnited States Bankruptcy Court, D. Connecticut · 1994
- Matter of EchavarrenUnited States Bankruptcy Court, D. Idaho · 1980
- In Re BonantUnited States Bankruptcy Court, C.D. California · 1979
6 more not listed; retrieve them via the Exa API.