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).
Argued and Submitted December 12, 2008
Filed October 2, 2009
Opinion by Judge Timlin
David Rankine and Michael Lehners, Reno, NV
Robert C. Vohl, Reno, NV