United States Ninth Circuit

In a debtor's appeal from the bankruptcy court's order limiting the homestead exemption in his bankruptcy petition, the order is affirmed in part where there was no pre-petition appreciation of the property at issue; but reversed in part, where perfection of a homestead exemption does not constitute acquisition of a property interest for purposes of 11 U.S.C. section 522(p)(1), and thus the debtor's homestead was not subject to the $125,000 cap contained in section 522(p).

Appellate Information

• Argued 12/12/2008
• Decided 10/02/2009
• Published 10/02/2009

Judges

• TIMLIN, District Judge:, Before:  MARSHA S. BERZON and A. WALLACE TASHIMA, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Rankine and Michael Lehners, Reno, NV, for the appellant., Professors JamesJ. White and John A.E. Pottow, Ann Arbor, MI, as amici curiae.


• For Appellees:
  
• Robert C. Vohl, Reno, NV, for the appellee.