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ZIMMERMAN v. MORGAN

No. 82-1091.

689 F.2d 471 (1982)

Roy B. ZIMMERMAN, Trustee in Bankruptcy, Appellant, v. James P. MORGAN, Appellee, Beril M. Abraham, Richard W. Whittemore, Amicus Curiae. In the Matter of James P. MORGAN a/k/a James Peter Morgan a/k/a J. P. Morgan, Debtor.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1982.

Attorney(s) appearing for the Case

Roy B. Zimmerman, Alexandria, Va., for appellant.

Richard M. Alvey, Woodbridge, Va., for appellee.

Richard W. Whittemore, Norfolk, Va. (Beril M. Abraham, Virginia Beach, Va., on brief), for amicus curiae.

Before WIDENER, HALL and ERVIN, Circuit Judges.

K. K. HALL, Circuit Judge:

Roy B. Zimmerman, trustee in bankruptcy, appeals from a bankruptcy court order permitting James P. Morgan to claim a homestead exemption despite Morgan's failure to claim the exemption in the manner prescribed by state law.1 We reverse. 15 B.R. 620.

I.

Under Virginia Code § 34-4, every householder or head of family residing in Virginia is entitled to a homestead...

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