Vinson v. Dakmak

OPINION AND ORDER REVERSING BANKRUPTCY JUDGE’S FINAL ORDER OF JANUARY 26, 2006

EDMUNDS, District Judge.

This is an appeal from the final order issued by the Bankruptcy Court on January 26, 2006, denying Debtors their claimed homestead exemption taken under Michigan’s bankruptcy-exemption statute, Mich. Comp. Laws Ann. § 600.5451(l)(n), finding that exemption to be in conflict with the Bankruptcy Code and thus unconstitutional. Appellants are Debtors David Allen Vinson and Robert A. Silver (“Debtors”), and Appellee is George Dakmak, Trustee (“Trustee”) of their Chapter 7 bankruptcy estates.

Debtor…