BAP No. NC-89-1580-AsOR, Bankruptcy No. 388-00537-E-LK.

112 B.R. 336 (1990)

In re Malcolm William McFALL, Debtor. John M. ENGLAND, Trustee, Appellant, v. Malcolm William McFALL, a/k/a M.W. McFall, M.W. McFall Corporation, Marina Village Investors, a California limited partnership, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided April 10, 1990.

Attorney(s) appearing for the Case

Charles F. Bethel, Carr, McClellan, Ingersoll Thompson & Horn, San Francisco, Cal., for appellant.

Michelle K. Rubin, Palo Alto, Cal., for appellees.

Before ASHLAND, OLLASON and RUSSELL, Bankruptcy Judges.


ASHLAND, Bankruptcy Judge:

The trustee appeals the bankruptcy court's holding that the debtor was entitled to apply a $45,000 homestead exemption against his share of the proceeds from the sale of the family residence. We affirm.


Malcolm W. McFall, the debtor, resided at 815 Berkeley Avenue, Menlo Park, California with his wife, and minor son. McFall filed a Chapter 11 petition in February, 1988 claiming a homestead exemption...

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