Carroll v. Boldt (In re Ehmke)

MEMORANDUM OPINION REGARDING CLAIM OF HOMESTEAD

JAMES W. MEYERS, Bankruptcy Judge.

I

This matter involves a dispute over whether certain proceeds from the sale of a house are subject to a purported homestead asserted by the bankrupt herein, Ms. Sally A. Ehmke (“bankrupt”). The trustee, Ralph 0. Boldt has objected to the bankrupt’s claim of the homestead, and has been joined in this regard by Mr. Willie R. Carroll, who claims to be a judgment creditor of the bankrupt.

After receiving memoranda on the legal issues confronting the Court, and, after hearing testimony on the factual background of this…