Pitrat v. Unkefer (In re Unkefer)

MEMORANDUM OPINION AND ORDER DENYING JUDY UNKEPER’S MOTION FOR SUMMARY JUDGMENT RE: CLAIM OF $50,000 HOMESTEAD EXEMPTION

ROGER G. MOOREMAN, Bankruptcy Judge.

Sherman Unkefer, III and Judy Unkefer, husband and wife, were named as debtors in an involuntary Chapter 7 petition that was filed on February 7, 1983. These debtors subsequently dissolved their marriage, and now each has claimed a $50,000 homestead exemption pursuant to 11 U.S.C. § 522(b) and A.R.S. § 33-1101, et seq. The homestead property was sold in court, and in excess of $50,000 in equity above existing encumbrances was realized upon…