MATTER OF ROUSH

Bankruptcy Nos. BK97-40544, BK97-40545.

215 B.R. 592 (1997)

In the Matter of Robert M. ROUSH, Debtor. In the Matter of Mary K. FISHER, Debtor.

United States Bankruptcy Court, D. Nebraska.

December 1, 1997.


Attorney(s) appearing for the Case

Marilyn N. Abbott, Omaha, NE, for Chapter 13 Standing Trustee.

Elizabeth Ann Govaerts and Vincent M. Powers, Lincoln, NE, for Debtors.


MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

These Chapter 13 bankruptcy cases present the question of whether two single people may each claim a Nebraska homestead exemption in the same jointly-owned residence. I conclude that each debtor independently qualifies as a head of family, which is a statutory requirement of the exemption, and that each may claim their interest in the jointly-held property as exempt under the Nebraska homestead exemption...

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