IN RE CERCHIONE

BAP No. ID-09-1069-DJuMk. Bankruptcy No. 08-40655-JDP.

414 B.R. 540 (2009)

In re Guy Taylor CERCHIONE and Carla Marie Cerchione, Debtors. R. Sam Hopkins, Chapter 7 Trustee, Appellant, v. Guy Taylor Cerchione; Carla Marie Cerchione, Appellees.

United States Bankruptcy Appellate Panel for the Ninth Circuit.

Filed September 8, 2009.


Attorney(s) appearing for the Case

Jim Spinner (Attorney for R. Sam Hopkins, Ch. 7 Trustee) Service, Spinner & Gray, Pocatello, ID, for Appellant(s).

Allen B. Ellis (Attorney for Guy and Carla Cerchione), Boise, ID, for Appellee(s).

Before: DUNN, JURY and MARKELL, Bankruptcy Judges.


OPINION

RANDALL L. DUNN, Bankruptcy Judge:

Guy and Carla Cerchione (the "Cerchiones") filed a chapter 71 bankruptcy case and claimed a homestead exemption in a home under construction. The trustee objected to their homestead exemption claim on the grounds that the Cerchiones had not occupied the home property and had not executed and recorded a declaration of homestead with respect to the home property at any relevant time. The...

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