Legal Opinion · Dissent
Hyman v. Plotkin (In Re Hyman)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided February 12, 1991No. BAP No. CC-89-1651-MeVP, Bankruptcy No. LA 88-24553, Adv. No. 89-00544-GMPublished
1Dissent
VOLINN, Bankruptcy Judge,
dissenting:
FACTS
The debtors filed their bankruptcy petition on November 21, 1988. They listed their home as an asset and claimed a homestead exemption in it. The home was stated to be valued at $415,000. They also calculated the selling costs of the home at eight percent of $415,000 or $33,200. The debtors listed encumbrances against the property of $278,107 and $69,503 for a total of $347,610. The foregoing total added to the debtors’ homestead exemption of $45,-000 comes to $425,810 which exceeds the stated value of the property, therefore, in the debtors’ view…
2Cases cited29 opinions
- White v. StumpSupreme Court of the United States · 1924
- In Re Moses Hill, Debtor. Phelix Jones, Creditors v. Moses Hill, DebtorCourt of Appeals for the Ninth Circuit · 1987
- DeLesk v. Rhodes (In Re Rhodes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
- Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re William E. BRAYSHAW, Debtor. H. Christopher CLARK, Trustee-Appellant, v. William E. BRAYSHAW, Debtor-AppelleeCourt of Appeals for the Tenth Circuit · 1990
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