In re American Business Machines, Inc.

MEMORANDUM OPINION

LLOYD D. GEORGE, Bankruptcy Judge.

I.LITIGATIONAL BACKGROUND

Pursuant to an auction of real property held on April 7, 1979, the Trustee in the above-entitled matter now finds himself in possession of a sum slightly in excess of $20,000. Upon the - whole of this amount, the Bankrupts, James C. and Constance J. Edwards, claim a homestead right vis-a-vis all general creditors and, hence, against the Trustee, in his representative capacity, as well.1 In response, the Trustee maintains that the extent of the Bankrupts’ homestead should be measured under the pre-July 1, 1975 Nevada…