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IN RE ROBERTS

BAP No. 97-6092NE.

219 B.R. 235 (1998)

In re Charles Ellis ROBERTS, Maria Ann Roberts, Debtors. James J. STUMPF, Trustee-Appellant, v. Charles Ellis ROBERTS, Maria Ann Roberts, Debtors-Appellees.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided March 6, 1998.

Attorney(s) appearing for the Case

Kathryn Derr, Omaha, NE, for appellant.

John McNamara, Omaha, NE, for appellees.

Before WILLIAM A. HILL, SCHERMER, and SCOTT, Bankruptcy Judges.

WILLIAM A. HILL, Bankruptcy Judge.

The Chapter 7 trustee, James J. Stumpf ("trustee"), appeals the order of the bankruptcy court1 allowing the debtors, Charles Ellis and Maria Ann Roberts ("the Roberts"), to claim a homestead exemption under Section 40-102 of the Nebraska Homestead Act ("Act"), Nebraska Revised Statutes §§ 40-101 to 40-116. The trustee contends that because neither of the Roberts is a statutory "head of a family...

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