IN RE HOMAN

BAP Nos. WW-89-1115-MeAsJ, WW-89-1147-MeAsJ, Bankruptcy No. 88-00875-Y7, Adv. No. A88-06149.

112 B.R. 356 (1989)

In re Daniel Wood HOMAN, Debtor. Dennis Lee BURMAN, Trustee, Appellant, v. Carolyn Elizabeth HOMAN, Ja-Ca-Nel Properties, Inc., dba Nelson Distributing, Inc., Bill Pierre Leasing, Inc., dba American Lease Co., Appellees.

United States Bankruptcy Appellate Panel, for the Ninth Circuit.

Decided December 15, 1989.

Order Denying Motion for Rehearing March 13, 1990.


Attorney(s) appearing for the Case

Dennis Lee Burman, Arlington, Wash., trustee.

Donald T. Tesch, Edmonds, Wash., for Carolyn Homan.

James W. Aiken, Seattle, Wash., for Bill Pierre Leasing.

Before MEYERS, ASHLAND and JONES, Bankruptcy Judges.


OPINION

MEYERS, Bankruptcy Judge:

I

This appeal raises two questions. The first is whether federal bankruptcy law permits a nondebtor spouse to claim a state homestead exemption in community property where the debtor spouse schedules federal exemptions in unrelated property. The second is whether unrecorded judgments against a marital community create valid liens upon the real property of the marital community under Washington law. We REVERSE in...

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