SWENOR v. ROBERTSON

Nos. 577-005000-M, C-77-2271.

452 F.Supp. 673 (1978)

In re Thomas Lee Swenor and Juanita Mae Swenor. Thomas Lee SWENOR and Juanita Mae Swenor, Bankrupts/Objecting Parties/Appellees, v. Jerome E. ROBERTSON, Trustee Responding Party/Appellant.

United States District Court, N. D. California.

April 6, 1978.


Attorney(s) appearing for the Case

Richard E. Weger, San Jose, Cal., for bankrupts Thomas Lee and Juanita Swenor.

John W. Murray, Murray & Grube, Palo Alto, Cal., for responding party Jerome E. Robertson.


ORDER

PECKHAM, Chief Judge.

This is an appeal by the trustee in bankruptcy, Jerome Robertson, from a decision by Bankruptcy Judge Moore that the bankrupts, Mr. and Mrs. Swenor, are entitled to a $30,000 homestead exemption rather than the $20,000 exemption allowed by the trustee.

The dispute as to the proper amount of the exemption centers around section 1260 of the California Civil Code. In 1970, the statute was amended to increase the homestead...

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