Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Cheeseman, Debtors

ERVIN, Circuit Judge:

Oliver and Isabelle Cheeseman appeal an order of the bankruptcy court denying Mrs. Cheeseman status as a “householder” or “head of a family” as defined by Virginia law, Va.Code § 34-1 (Supp.1980), and thus precluding her from being entitled to the Virginia homestead exemption. Va.Code § 34-4 (Supp.1980). We reverse.

I

In June 1980, Oliver and Isabelle Cheese-man filed a joint voluntary petition in bankruptcy pursuant to 11 U.S.C. § 301. At the time of the filing, they were married to each other and residing together. They were both gainfully employed and had been so for at…