Alderman v. Martinson (In Re Alderman)

*112HIGDON, Bankruptcy Judge,

dissenting:

I dissent because I believe that the bankruptcy court entered an order during the Chapter 13 proceeding which, upon conversion of the case to Chapter 7, was res judica-ta as to the matter of the value of the debtors’ homestead exemption in the Chapter 7.

At the time the debtors filed their Chapter 13 petition they claimed a homestead exemption in the partnership property in which Mr. Alderman owned an interest.2 They claimed the value of the exemption as the “maximum allowed” on their Schedule B^f. The Chapter 13 trustee did not object to this exemption…