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IN RE CARLSON

BAP No. UT-03-027. Bankruptcy No. 02B-41068.

303 B.R. 478 (2004)

In re Ronald L. CARLSON, Debtor. Ronald L. Carlson, Appellant, v. Andrés Diaz, Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

January 6, 2004.

Attorney(s) appearing for the Case

Jory L. Trease of Thomas D. Neeleman, Esq., L.C., Salt Lake City, UT (Thomas D. Neeleman with him on the brief), for Appellant.

Andrés Diaz, Trustee, pro se. (David N. Kelley and Gary E. Jubber of Fabian & Clendenin, Salt Lake City, UT, for former Appellee Gary E. Jubber, Trustee, on the brief).

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

OPINION

RASURE, Bankruptcy Judge.

Appellant Ronald L. Carlson appeals from an Order Sustaining Objection in which the bankruptcy court denied his claim to a homestead exemption in the trailer that serves as his primary residence. Appellant contends that the bankruptcy court erred in concluding that Utah's homestead statute grants an exemption in a mobile home only if the claimant also owns the real property on which...

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