IN RE HASTINGS

BAP No. EC-94-1536-VRO. Bankruptcy No. 93-21896-A-7.

185 B.R. 811 (1995)

In re Aaron E. HASTINGS; Lorraine Hastings, Debtors. Aaron E. HASTINGS and Lorraine Hastings, Appellants, v. Matthew HOLMES, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 17, 1995.


Attorney(s) appearing for the Case

Aaron E. Hastings, Sacramento, CA, in pro. per.

L. Kent Wyatt, Sacramento, CA, for appellee.

Before VOLINN, RUSSELL and OLLASON, Bankruptcy Judges.


OPINION

VOLINN, Bankruptcy Judge:

OVERVIEW

Under California law, a debtor does not have automatic homestead protection against a judgment lien that attaches to real property at a time prior to the debtor having made the property a dwelling place. In the order on review, the bankruptcy court held state law governed and denied the debtors' motion to avoid such a pre-existing lien as impairing their homestead based on the federal exemption...

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