IN RE CHAPPELL

BAP No. WW-06-1435-RKMo. Bankruptcy No. 04-18810.

373 B.R. 73 (2007)

In re Steve Jay CHAPPELL and Julie Lynn Chappell, Debtors. Michael P. Klein, Chapter 7 Trustee, Appellant, v. Steve Jay Chappell; Julie Lynn Chappell, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 11, 2007.


Attorney(s) appearing for the Case

James W. Shafer, Shafer & Bailey, Seattle, WA, for Michael P. Klein, Chapter 7 Trustee.

Marc S. Stern, Seattle, WA, for Steve and Julie Chappell.

Before RIBLET, KLEIN and MONTALI, Bankruptcy Judges.


OPINION

RIBLET, Bankruptcy Judge.

We address whether postpetition appreciation of exempt property is to be treated the same under the federal exemption scheme as under a state's exemption scheme. We conclude that controlling Ninth Circuit authority involving state homestead exemptions, which holds that the bankruptcy estate is entitled to postpetition appreciation in excess of the maximum value permitted to be exempted under the statutory authority invoked...

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