United States Tenth Circuit

A Kansas debtor who enters into a valid contract with a builder prior to the filing of an involuntary bankruptcy petition against the debtor, secured by a deposit placed with the builder prior to the petition being filed, may claim under the Kansas homestead exemption any amount of the deposit actually spent on improvements to the homestead.

Appellate Information

• Decided 03/28/2005
• Published 03/28/2005

Judges

• HENRY, Circuit Judge., Before KELLY, HENRY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Mark S. Carder of Stinson, Morrison, Hecker, LLP, Kansas City, MO, (Michael L. Kahn of Stinson, Morrison, Hecker, LLP, Kansas City, MO, with him on the briefs) for Appellants Lawrence S. Jenkins and Roger W. Hood, M.D., Eric C. Rajala of the Law Office of Eric C. Rajala, Overland Park, KS, on the brief for Appellant Eric C. Rajala, Trustee.


• For Appellees:
  
• Cynthia F. Grimes of Grimes and Rebein, L.C., Lenexa, KS, for Appellees Barbara E. Hodes and Phillip Hodes.