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IN RE HYMAN

No. 91-55300.

967 F.2d 1316 (1992)

In re Irwin HYMAN; Janice Hyman, Debtors. Irwin HYMAN; Janice Hyman, Appellants, v. Gary A. PLOTKIN, Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1992.

Attorney(s) appearing for the Case

Richard M. Moneymaker, Moneymaker & Kelley, Los Angeles, Cal., for appellants.

Amy L. Goldman, Plotkin & Rapaport, Encino, Cal., for appellee.

Before: TANG, KOZINSKI and TROTT, Circuit Judges.

KOZINSKI, Circuit Judge.

More than 40 states, including California, have statutes that place a debtor's homestead or a portion thereof beyond the reach of creditors. This protection carries over into bankruptcy to shelter the debtor from forced sale of his homestead by a bankruptcy trustee unless certain conditions are satisfied. In this case we explore the conditions to be met before a bankruptcy trustee may sell a debtor's homestead in accordance with California...

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