In re Dulgarian

BYRNE, District Judge.

On August 5, 1959, Dulgarian filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. Thereafter the trustee filed a report and an amended report of exempt property. Although a declaration of homestead has been made and duly filed which, ordinarily, makes such property exempt under California Civil Code, § 1237 et seq., the trustee refused to consider as exempt the resident real property of the bankrupt. The trustee’s refusal to treat the property as exempt is based on the contention that the declaration of homestead, as filed by the bankrupt, was…