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IN RE CERCHIONE

No. 08-40655-JDP.

398 B.R. 699 (2009)

In re Guy Taylor CERCHIONE, Carla Marie Cerchione, Debtors.

United States Bankruptcy Court, D. Idaho.

January 6, 2009.

Attorney(s) appearing for the Case

Jim Spinner, Service, Spinner & Gray, Pocatello, Idaho, Attorney for Trustee R. Sam Hopkins.

Randal J. French, Bauer & French, Boise, Idaho, Attorney for Debtors.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

I. Introduction

This case presents a new twist to a familiar contest in this Court: a trustee's objection to the debtor's claim to a homestead exemption. Here, chapter 71 trustee R. Sam Hopkins ("Trustee") objects to the homestead exemption claimed by Debtors Guy Cerchione and Carla Cerchione on a home that was under construction at the time Debtors filed...

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