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In re Greene, No. 07-16067

By FindLaw Staff on October 02, 2009 2:24 PM

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).

Read In re Greene, No. 07-16067

Appellate Information

Argued and Submitted December 12, 2008

Filed October 2, 2009

Judges

Opinion by Judge Timlin

Counsel

For Appellant:

David Rankine and Michael Lehners, Reno, NV

For Appellee:

Robert C. Vohl, Reno, NV

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