MATTER OF SCHWARTZ

Bankruptcy No. 80-10843, Adv. No. 81-1109, Civ. No. F 85-320.

53 B.R. 1018 (1985)

In the Matter of Paul Frederick SCHWARTZ and Soundra Sue Schwartz, Debtors/Appellants. AUTO DRIVEWAY, INC., Plaintiff/Appellee, v. Paul Frederick SCHWARTZ and Soundra Sue Schwartz, Defendants/Appellants.

United States District Court, N.D. Indiana, Fort Wayne Division.

October 21, 1985.


Attorney(s) appearing for the Case

Robert E. Grant, Shoaff, Parker & Keegan, Fort Wayne, Ind., for Auto Driveway, Inc.

Ralph R. Blume, Blume, Wyneken & Connelly, Fort Wayne, Ind. for debtors.

Howard B. Sandler, Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, Ind., Trustee.


ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on appeal from the bankruptcy court's order of June 25, 1985. The issue on appeal is whether Soundra Sue Schwartz can claim a homestead exemption on the proceeds of the trustee's sale of the debtors' residential real estate. For the following reasons, the decision of the bankruptcy court will be reversed.

The facts relevant to this case, as found by the bankruptcy court in its...

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