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IN RE KELLEY

BAP No. NC-02-1591-JRYB, Bankruptcy No. 02-10550.

300 B.R. 11 (2003)

In re Donald KELLEY, Debtor. Donald Kelley, Appellant, v. Jeffry G. Locke, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed August 27, 2003.

Attorney(s) appearing for the Case

Edmund B. Dechant, Santa Rosa, CA, for Donald Kelley.

Michael C. Fallon, Santa Rosa, CA, for Jeffry G. Locke, Chapter 7 Trustee.

Before: JURY, RYAN, and BRANDT, Bankruptcy Judges.

OPINION

JURY, Bankruptcy Judge.

After Donald Kelley ("Debtor") amended his Schedule C to claim an exemption in certain real property based on his declaration of homestead, Chapter 72 Trustee filed his objection to Debtor's exemption. After notice and a hearing, the bankruptcy court entered its order in favor of Trustee, finding that Debtor had abandoned his homestead by implication. Debtor then timely appealed. Although we disagree...

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