In Re Kincaid

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

This matter comes before the court on the Trustee’s objection to the debtor’s Homestead exemption. The facts surrounding this controversy are as follows:

The debtor, Raymond Kincaid and his former wife, Golda Kincaid, obtained a divorce by order of the Daviess Circuit Court in May of 1981. In 1983 the debtor constructed a building on which he now claims the $5,000 homestead exemption allowed by Kentucky Revised Statutes 427.060. 1 In 1984 the Kincaid’s divorce decree was reopened by the debtor’s former spouse on the grounds that the…