IN RE ROBINSON

BAP No. NO-03-003, Bankruptcy No. 02-04035-M.

295 B.R. 147 (2003)

In re Dianna K. ROBINSON, Debtor. Dianna K. Robinson, Appellant, v. Eric Sanchez; Rack Brown; Scott P. Kirtley, Trustee; and United States Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

July 11, 2003.


Attorney(s) appearing for the Case

Submitted on the briefs:*

F. Bennett Callicoat and John B. Jarboe, Jarboe & Stoermer, P.C., Tulsa, Oklahoma, for Appellant.

Rita A. Foster, Rita A. Foster, P.C., Tulsa, Oklahoma, for Eric Sanchez and Rack Brown.

Before McFEELEY, Chief Judge, BOULDEN, and NUGENT, Bankruptcy Judges.


OPINION

NUGENT, Bankruptcy Judge.

Dianna K. Robinson ("Appellant") appeals from the bankruptcy court's order sustaining the judgment creditors' objection to her homestead exemption claimed under Oklahoma law, and denying Appellant's motion to avoid the judgment lien against the homestead. The bankruptcy court concluded that Appellant's purported homestead was not her principal residence as of the commencement of the case. The bankruptcy court found that...

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