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IN RE ALLEN

Civil Action No. 96-0057-C.

203 B.R. 925 (1997)

In re Ernest Benjamin ALLEN, III, Debtor. W. Stephen SCOTT, Trustee, Appellant, v. UNITED STATES TRUSTEE, Appellee.

United States District Court, W.D. Virginia, Charlottesville Division.

January 15, 1997.

Attorney(s) appearing for the Case

W. Stephen Scott, Trustee, Charlottesville, VA, pro se.

U.S. Trustee, Roanoke, VA, pro se.

MEMORANDUM OPINION

MICHAEL, Senior District Judge.

The principal issue in this appeal is whether a bankruptcy trustee is permitted to invade the debtor's homestead exemption in order to realize the trustee's fees and costs arising from the sale of the debtor's property.

Ernest Benjamin Allen, III is a debtor in Chapter 7 bankruptcy proceedings.1 W. Stephen Scott was appointed to be the Chapter 7 trustee. Allen owned property...

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