Morris v. Castlen Realty Co. (In re Morris)

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

The question before the court is whether the debtor, Joseph Morris, may assert a homestead exemption in proceeds from the sale of his residence, which are held by the defendants in this action, Castlen Realty Co. and Mary Hunt. Although counsel have raised a number of interesting and potentially complex points of law, the decisive issue is rather simple: Did the debtor have a real estate listing contract with the defendants at the time his house was sold?

The relevant facts of the case have been stipulated. On March 15, 1982, the debtor…