United States Ninth Circuit

In debtor's appeal from the district court's order affirming a bankruptcy court's decision limiting the debtor's homestead exemption in his bankruptcy petition to $125,000 pursuant to 11 U.S.C. section 522(p), the order is affirmed in part where no pre-petition appreciation of the property at issue occurred. However, the order is reversed in part where "any amount of interest that was acquired," as used in section 522(p)(1), meant the acquisition of ownership of real property and the monetary cap in section 522(p) did not apply to property to which a debtor acquired title more than 1215 days before she or he filed a bankruptcy petition.

Appellate Information

• Argued 12/12/2008
• Decided 10/05/2009
• Published 10/05/2009

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.