United States Ninth Circuit

In consolidated Chapter 7 bankruptcy petitions in which the value of debtors' homes increased so that they had equity in excess of the homestead exemptions, the bankruptcy court's order approving the appointment of a real estate broker to sell the home for the benefit of the estate is affirmed where the fact that the value of the claimed exemption plus the amount of the encumbrances on the debtor’s residence was, in each case, equal to the market value of the residence at the time of filing the petition did not remove the entire asset from the estate.

Appellate Information

• Decided 09/14/2010
• Published 09/14/2010

Judges

• TASHIMA

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Harold E. Campbell, Steven J. Brown