Legal Opinion

Matter of Widdershoven

District Court, N.D. California

Decided June 15, 1978No. C-77-2706-WWSPublishedCited by 7 opinions

1Opinion of the Court

ORDER

WILLIAM W SCHWARZER, District Judge.

This matter came before the Court on an appeal by the trustee in bankruptcy from an order of the bankruptcy court sustaining the bankrupts’ objections to the trustee’s report of exempt property. The crucial issue is whether the six month period during which proceeds from the sale of a homestead are exempt under California law is tolled from the filing of the petition in bankruptcy until the property is set aside as exempt by the bankruptcy court.

In September 1976, the bankrupts recorded a declaration of homestead on real property located in Monterey,…

2Cases cited4 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. Thorsby v. BabcockCalifornia Supreme Court · 1950
  3. Gardner v. JohnsonCourt of Appeals for the Ninth Circuit · 1952
  4. Ortale v. MulhernCalifornia Court of Appeal · 1976

3Cited by7 opinions

  1. In Re Robert Lee White, Dba Aanco Fence Company, Debtor. Cheryl White v. Robert Lee WhiteCourt of Appeals for the Ninth Circuit · 1984
  2. In Re GoldenCourt of Appeals for the Ninth Circuit · 1986
  3. In Re MarriottUnited States Bankruptcy Court, D. Idaho · 2010
  4. England v. GoldenCourt of Appeals for the Ninth Circuit · 1986
  5. In re SainUnited States Bankruptcy Court, S.D. California · 2018

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