In Re Grucza

ORDER AND OPINION

MICHAEL J. KAPLAN, Bankruptcy Judge.

This case presents a question that seems to have no precedent in New York law (perhaps because a five-fold increase in the state homestead exemption — from $10,000 to $50,000 — was enacted just four years ago, thereby making more of such issues worth arguing).

When $7,000 worth of cement block (the Chapter 7 Trustee has a bid in that amount for the block) is sitting on the Debtor’s homestead land, but not yet installed as a retaining wall necessary to prevent severe damage to the home, is it non-exempt personalty that the Trustee may sell,…