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IN RE PIERSOL

Bankruptcy No. 82-21040, Civ. A. No. 83-2268.

35 B.R. 121 (1983)

In re Phillip Edward PIERSOL and Patricia Ann Piersol, Debtors. Phillip Edward PIERSOL and Patricia Ann Piersol, Plaintiffs/Appellants, v. NORTHEAST KANSAS PRODUCTION CREDIT ASSOCIATION, and Kris L. Arnold, Trustee, Defendants/Appellees.

United States District Court, D. Kansas.

December 12, 1983.

Attorney(s) appearing for the Case

Rod L. Richardson, Wallace, Saunders, Austin, Brown & Enochs, Overland Park, Kan., for plaintiffs/appellants.

R. Michael Latimer, Skoog & Latimer, Ottawa, Kan., for defendants/appellees.

Kris Arnold, Kansas City, Kan., Trustee.

Carol Park, Wichita, Kan., Asst. U.S. Trustee.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This appeal from a decision of the United States Bankruptcy Court for the District of Kansas presents the question of whether non-contiguous parcels of farmland can be a homestead within the meaning of the Kansas Constitution, Article 15, Section 9, and K.S.A. 60-2301.

In a well-reasoned opinion, the bankruptcy court ruled that contiguity is a requirement of the Kansas law and therefore that a 150-acre...

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