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SHIRKEY v. LEAKE

No. 82-1471.

715 F.2d 859 (1983)

Lester Shackman SHIRKEY, Jr., Appellant, v. John G. LEAKE, Trustee, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 23, 1983.

Attorney(s) appearing for the Case

Henry P. Dickerson, III, Staunton, Va. (Elder & Dickerson, Staunton, Va., on brief), for appellant.

Franklin R. Blatt, Harrisonburg, Va. (Julias, Blatt & Blatt, P.C., Harrisonburg, Va., on brief), for appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Lester S. Shirkey appeals from a judgment of the district court denying him a bankruptcy exemption for his 1980 federal and state income tax refunds. The district court, affirming an order of the bankruptcy court, ruled that Shirkey could not amend his homestead deed to correct his description of the refunds after his voluntary petition in bankruptcy was filed. We conclude: (1) Shirkey's description of the refunds in his original homestead...

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