United States Eighth Circuit

Debtor's mere collateral interest in a residence did not rise to the level of a homestead right under 11 U.S.C. Sec. 522(d)(1), and the bankruptcy court erred in overruling trustee's objection to debtor's claim that his lien on his ex-wife's homestead was exempt under the section.

Appellate Information

• Decided 07/12/2004
• Published 07/12/2004

Judges

• MELLOY, Circuit Judge., Before MELLOY, McMILLIAN, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas E. Johnson, argued, Minneapolis, MN, for appellant.


• For Appellees:
  
• Robert Everhart, argued, New Brighton, MN, for appellee.