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IN RE HODES

No. 03-3309.

402 F.3d 1005 (2005)

In re Barbara E. HODES and Phillip Hodes, Debtors. Lawrence S. Jenkins; Roger W. Hood, MD; and Eric C. Rajala, Trustee, Appellant, v. Barbara E. Hodes and Phillip Hodes, Appellees.

United States Court of Appeals, Tenth Circuit.

March 25, 2005.

Attorney(s) appearing for the Case

Mark S. Carder of Stinson, Morrison, Hecker, LLP, Kansas City, MO, (Michael L. Kahn of Stinson, Morrison, Hecker, LLP, Kansas City, MO, with him on the briefs) for Appellants Lawrence S. Jenkins and Roger W. Hood, M.D.

Eric C. Rajala of the Law Office of Eric C. Rajala, Overland Park, KS, on the brief for Appellant Eric C. Rajala, Trustee.

Cynthia F. Grimes of Grimes and Rebein, L.C., Lenexa, KS, for Appellees Barbara E. Hodes and Phillip Hodes.

Before KELLY, HENRY, and HARTZ, Circuit Judges.

HENRY, Circuit Judge.

This appeal raises the novel issue of whether and to what extent debtors in an involuntary bankruptcy may claim under the Kansas homestead exemption a contractually-binding deposit with a builder for improvements to an already existing homestead. The bankruptcy court overruled creditors' objections to the exemption, and the district court affirmed the bankruptcy court. Exercising jurisdiction pursuant to 28 U.S.C. § 158(a) and (d), we affirm...

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