Legal Opinion

In Re Wegner

United States Bankruptcy Court, D. Nebraska

Decided January 6, 2000No. 14-81070PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

When Ms. Wegner filed a Chapter 13 case she had no equity in her home and, as a single person, she was not eligible to claim a homestead exemption. By the time the Chapter 13 case was converted to this Chapter 7 case, Ms. Wegner had married, was eligible for a homestead exemption, and there existed equity in the home due to repayment of principal and appreciation in value. The Chapter 7 Trustee’s objection to Ms. Wegner’s claimed homestead exemption is denied.

FACTS

In 1995, when Susan Wegner filed a Chapter 13 bankruptcy petition, she owned real…

2Cases cited2 opinions

  1. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  2. Alexander v. Jensen-Carter (In Re Alexander)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999

3Cited by20 opinions

  1. In Re: Larry Kenneth Alexander, Larry Kenneth Alexander v. Mary Jo A. Jensen-CarterCourt of Appeals for the Eighth Circuit · 2001
  2. In Re SlackUnited States Bankruptcy Court, D. New Jersey · 2003
  3. In Re DrewUnited States Bankruptcy Court, N.D. Illinois · 2005
  4. Bogdanov v. Laflamme (In Re LaFlamme)United States Bankruptcy Court, D. New Hampshire · 2008
  5. Warren v. PetersonDistrict Court, N.D. Illinois · 2003

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