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IN RE LINDBERG

No. 83-1310.

735 F.2d 1087 (1984)

In re Layne A. LINDBERG and Barbara Jean Lindberg, Debtors. Phillip D. ARMSTRONG, Trustee of the Estates of Layne A. Lindberg and Barbara Jean Lindberg, Appellant, v. Layne A. LINDBERG and Barbara Jean Lindberg, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 6, 1984.

Rehearing and Rehearing Denied July 12, 1984.

Attorney(s) appearing for the Case

Irvin B. Nodland, Bismarck, N.D., for appellees.

Phillip D. Armstrong, Minot, N.D., for appellant.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 12, 1984.

JOHN R. GIBSON, Circuit Judge.

The issue presented in this appeal is whether debtors whose bankruptcy cases are converted from chapter 13 to chapter 7 may claim a different homestead exemption at the time of conversion than the one they originally designated at the commencement of their chapter 13 proceeding.

On July 3, 1980, Layne and Barbara Jean Lindberg filed a joint petition for relief under...

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