Legal Opinion

Dykstra Exterior, Inc. v. Nestlen (In Re Nestlen)

Bankruptcy Appellate Panel of the Tenth Circuit

Decided December 21, 2010No. BAP No. WO-10-030. Bankruptcy No. 09-16838PublishedCited by 2 opinions

1Opinion of the Court

RASURE, Bankruptcy Judge.

Creditor Dykstra Exterior, Inc. (“Dyks-tra”) appeals an order of the Bankruptcy Court for the Western District of Oklahoma overruling Dykstra’s objection to the homestead exemption claimed by Debtors Mark and Catherine Nestlen (the “Nest-lens”). 1 We AFFIRM.

I. BACKGROUND

The Nestlens filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on December 1, 2009 (the “Petition Date”). 2 On their amended Schedule C, they claimed their homestead, which they valued at $275,000, as fully exempt under Oklahoma law. 3 Dykstra objected to the exemption,…

2Cases cited24 opinions

  1. Catlin v. United StatesSupreme Court of the United States · 1945
  2. Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
  3. United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
  4. Moss v. KoppCourt of Appeals for the Tenth Circuit · 2009
  5. Hertz v. Luzenac America, Inc.Court of Appeals for the Tenth Circuit · 2004

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3Cited by2 opinions

  1. Harry Monroe Ashwood, V and Stacie Marie AshwoodUnited States Bankruptcy Court, N.D. Oklahoma · 2025
  2. Lester Steven Davis and Katherine Lynne DavisUnited States Bankruptcy Court, W.D. Washington · 2022

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