Hartmann v. Wolf (In Re Hartmann)

MEMORANDUM

DAVID L. CRAWFORD, Bankruptcy Judge.

In this adversary proceeding, the plaintiffs, husband and wife, seek a determination that they are each entitled to claim from assets of the estate of this debtor-relief proceeding a real estate homestead under Neb.Rev.Stat. § 40-101 (1943), as amended. As an alternative position, if they are unsuccessful with regard to the foregoing assertion, plaintiffs claim that Michelle may assert a claim to exemptions under § 25-1552, R.R.S.1943, as amended, (the “in-lieu-of-homestead provision”).

Nebraska rejected the exemptions contained in the provisions…