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IN RE POWELL

Bankruptcy Nos. 94-60042, 94-20253.

173 B.R. 338 (1994)

In re Eli POWELL. In re Raymond Lee MAINS, Shirley Florine Mains.

United States Bankruptcy Court, E.D. Kentucky.

October 18, 1994.

Attorney(s) appearing for the Case

Ronald Butler, Lexington, KY, for Eli Powell.

Elizabeth Lee Thompson, Lexington, KY, for Fifth Third Bank.

Bernard Southgate IV, Newport, KY, for Raymond and Shirley Mains.

Brian Chapman, Cincinnati, OH, for Star Bank.

MEMORANDUM OPINION

WILLIAM S. HOWARD, Bankruptcy Judge.

These two cases are before the Court on a common question of law concerning the entitlement of the debtors to assert the Kentucky homestead exemption in these Chapter 7 cases. A short review of the facts is necessary as a preliminary matter.

Eli Powell ("Powell") filed his proceeding under Chapter 7 on February 9, 1994. Among the listed assets is his residence located at 267 Asbill Road...

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