Legal Opinion

Brandon v. Bodeker (In re Bodeker)

District Court, D. Montana

Decided February 2, 2015No. Bankruptcy No. 12-60137; No. CV 14-195-M-BMMPublished

1Opinion of the Court

MEMORANDUM AND ORDER

BRIAN MORRIS, District Judge.

INTRODUCTION

Appellant Chapter 7 Trustee Christy L. Brandon (Brandon) appeals from the final order of the United States Bankruptcy Court for the District of Montana allowing Debtor Warren Bodeker (Bodeker) to rescind his waiver of homestead exemption. The Court possesses jurisdiction under 28 U.S.C. § 158(a).

BACKGROUND

Bodeker filed a voluntary Chapter 7 bankruptcy petition on February 2, 2012. Brandon was appointed Trustee. Bodeker listed his home on Schedule A. He listed a claim of homestead exemption on Schedule C for his home near Plains,…

2Cases cited12 opinions

  1. McCarty v. McCartySupreme Court of the United States · 1981
  2. Law v. SiegelSupreme Court of the United States · 2014
  3. Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)Court of Appeals for the Sixth Circuit · 2001
  4. Powell v. OmnicomCourt of Appeals for the Second Circuit · 2007
  5. Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004

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