IN RE MICHAEL

No. 93-35740.

49 F.3d 499 (1995)

In re Jereld Joe MICHAEL, a/k/a Jerry Michael; In re Shirley Kay Michael, Debtors. Jereld J. MICHAEL; Shirley K. Michael, Petitioners-Appellants, v. Craig D. MARTINSON, Trustee, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 23, 1995.


Attorney(s) appearing for the Case

Floyd A. Brower, Brower Law Firm, Roundup, MT, for petitioners-appellants.

Craig D. Martinson, Billings, MT, for respondent-appellee.

Before: BROWNING, WRIGHT, and CANBY, Circuit Judges.


PER CURIAM:

In this adversary proceeding, the bankruptcy court ruled that Jereld J. and Shirley K. Michael could not claim a homestead exemption because they failed to record a declaration of homestead as required by Montana law before filing their bankruptcy petition. The district court affirmed, and the Michaels appeal. We vacate and remand.

I

When the Michaels filed their voluntary Chapter 7 bankruptcy petition, they had not yet recorded a declaration...

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