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IN RE WOLFBERG

BAP No. CC-00-1232-PBMo. Bankruptcy No. LA 97-37307-ES.

255 B.R. 879 (2000)

In re Laurance WOLFBERG and Carolyn Wolfberg, Debtors. Nancy Knupfer, Post-Confirmation Chapter 11 Trustee, Appellant, v. Laurance Wolfberg and Carolyn Wolfberg; Brent Wolfberg, Conservator of Laurance Wolfberg, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 30, 2000.

Attorney(s) appearing for the Case

Eric P. Israel, Danning, Gill, Diamond & Kollitz, LLP, Los Angeles, CA, for Nancy Knopfer, Ch. 11 Trustee.

Leonard A. Goldman, Los Angeles, CA, for Laurence and Carolyn Wolfberg.

Before: PERRIS, BRANDT, and MONTALI, Bankruptcy Judges.

OPINION

PERRIS, Bankruptcy Judge.

The chapter 111 trustee appeals the bankruptcy court's order overruling the trustee's objection to debtors' claim of a homestead exemption. The issue is whether debtors are entitled to a homestead exemption when they did not claim it before confirmation of their chapter 11 plan and their plan provided that creditors would be paid with the proceeds of...

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