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IN RE CERCHIONE

BAP No. ID-09-1069-DJuMk, Bk. No. 08-40655-JDP.

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, Ninth Circuit.

September 8, 2009.

OPINION

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 bankruptcy...

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