Miller v. Martin (In Re Martin)

VOLINN, Bankruptcy Judge:

The subject of this appeal is whether the trustee may defeat the debtor’s post-bankruptcy claim of dwelling house exemption, or homestead, made pursuant to California Code of Civil Procedure (CCP) § 690.31.1 *236The court below ruled that the debtor’s claim of homestead prevailed over that of the trustee. We arrive at the same result.

There are no disputed facts. The debtor had not made a formal claim of homestead on her residence prior to the filing of her bankruptcy petition. However, after bankruptcy, she claimed a homestead pursuant to Civil Code § 1237 et seq.,…