CHEESEMAN v. NACHMAN

No. 80-1788.

656 F.2d 60 (1981)

Oliver Reginald CHEESEMAN and Isabelle Cheeseman, Appellants, v. Erwin B. NACHMAN, Appellee. In re Oliver Reginald CHEESEMAN and Isabelle Cheeseman, Debtors.

United States Court of Appeals, Fourth Circuit.

Decided July 30, 1981.


Attorney(s) appearing for the Case

Ronald E. Bensten, Newport News, Va., for appellants.

Erwin B. Nachman, Newport News, Va. (Frank, Poinsett, Nachman & Frank, Newport News, Va., on brief), for appellee.

Before HAYNSWORTH, Senior Circuit Judge, and BUTZNER and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Oliver and Isabelle Cheeseman appeal an order of the bankruptcy court denying Mrs. Cheeseman status as a "householder" or "head of a family" as defined by Virginia law, Va.Code § 34-1 (Supp.1980), and thus precluding her from being entitled to the Virginia homestead exemption. Va.Code § 34-4 (Supp.1980). We reverse.

I.

In June 1980, Oliver and Isabelle Cheeseman filed a joint voluntary petition in bankruptcy pursuant...

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