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IN RE MARTIN

BAP No. CC-80-1054-KVG.

20 B.R. 235 (1982)

In re Carol Jean MARTIN, Debtor. Gary MILLER, Appellant, v. Carol Jean MARTIN, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 7, 1982.

Opinion May 28, 1982.

Attorney(s) appearing for the Case

Richard K. Diamond, Danning, Gill, Gould & Joseph, Sherman Oaks, Cal., for appellant.

Andrew F. Leoni, Slate & Leoni, Los Angeles, Cal., for appellee.

Before KATZ, VOLINN and GEORGE, Bankruptcy Judges.

VOLINN, Bankruptcy Judge:

The subject of this appeal is whether the trustee may defeat the debtor's post-bankruptcy claim of dwelling house exemption, or homestead, made pursuant to California Code of Civil Procedure (CCP) § 690.31.1 The court below ruled that the debtor's claim of homestead prevailed over that of the trustee. We arrive at the same result.

There are no disputed facts...

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