Legal Opinion

Kelley v. Locke (In Re Kelley)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 27, 2003No. BAP No. NC-02-1591-JRYB, Bankruptcy No. 02-10550PublishedCited by 45 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge.

After Donald Kelley (“Debtor”) amended his Schedule C to claim an exemption in certain real property based on his declaration of homestead, Chapter 7 2 Trustee filed his objection to Debtor’s exemption. After notice and a hearing, the bankruptcy court entered its order in favor of Trustee, finding that Debtor had abandoned his homestead by implication. Debtor then timely appealed. Although we disagree with the bankruptcy court’s reasoning, we concur with its result.

We AFFIRM.

I. FACTS

Debtor filed his voluntary Chapter 7 bankruptcy petition on March 8, 2002. In the…

2Cases cited12 opinions

  1. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
  2. Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999
  3. United States Ex Rel. Farmers Home Administration v. Arnold & Baker Farms (In Re Arnold & Baker Farms)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  4. In Re Eric Anderson and Anna Anderson, Debtors. Redwood Empire Production Credit Association v. Eric Anderson and Anna AndersonCourt of Appeals for the Ninth Circuit · 1987
  5. In Re Neil Lafortune and Janice Lafortune, Bankrupts. Neil Lafortune and Janice Lafortune v. Naval Weapons Center Federal Credit UnionCourt of Appeals for the Ninth Circuit · 1981

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3Cited by45 opinions

  1. United Student Funds, Inc. v. Wylie (In Re Wylie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  2. Tyner v. Nicholson (In Re Nicholson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  5. In Re JefferiesUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

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