Legal Opinion

Hopkins v. Cerchione (In Re Cerchione)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided September 8, 2009No. BAP No. ID-09-1069-DJuMk. Bankruptcy No. 08-40655-JDPPublishedCited by 30 opinions

1Opinion of the Court

OPINION

RANDALL L. DUNN, Bankruptcy Judge:

Guy and Carla Cerchione (the “Cer-chiones”) filed a chapter 7 1 bankruptcy case and claimed a homestead exemption in a home under construction. The trustee objected to their homestead exemption claim on the grounds that the Cerchiones had not occupied the home property and had not executed and recorded a declaration of homestead with respect to the home property at any relevant time. The bankruptcy court overruled the trustee’s objection to the Cerchiones’ claimed homestead exemption. We AFFIRM.

I. FACTS

The Cerchiones formerly lived in Meridian, Idaho.…

2Cases cited37 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
  5. Simpson v. United StatesSupreme Court of the United States · 1978

32 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Marciano v. Fahs (In Re Marciano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. In re TallericoUnited States Bankruptcy Court, E.D. California · 2015
  4. In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015
  5. In Re CappsUnited States Bankruptcy Court, D. Idaho · 2010

25 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API