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IN RE MASINGALE

No. 22-60050, No. 22-60053.

108 F.4th 1195 (2024)

IN RE: Monte L. MASINGALE; Rosana D. Masingale, Debtors. John D. Munding, Chapter 7 Trustee, Appellant, v. Rosana D. Masingale; State of Washington, Appellees. In re: Monte L. Masingale; Rosana D. Masingale, Debtors. State of Washington, Appellant, v. Rosana D. Masingale; Gregory M. Garvin, Acting U.S. Trustee; John D. Munding, Chapter 7 Trustee, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2024.

Attorney(s) appearing for the Case

John D. Munding (argued), Munding PS, Spokane, Washington, for Appellant.

Darren M. Digiacinto (argued), Winston & Cashatt, Spokane, Washington; Dina L. Yunker (argued), Susan Edison, and Colleen M. Melody, Assistant Attorneys General; Robert W. Ferguson, Attorney General of Washington; Office of the Attorney General, Seattle, Washington; for Appellee.

Norma L. Hammes, Gold & Hammes, San Jose, California; for Amicus Curiae National Consumer Bankruptcy Rights Center.

Christina L. Henry, Seattle Consumer Justice PS, Seattle, Washington; for Amicus Curiae Northwest Consumer Law Center.

Before: Ronald M. Gould, Daniel A. Bress, and Lucy H. Koh, Circuit Judges.

OPINION

Debtors may exempt from the bankruptcy estate an interest in their residence, up to a statutory limit. But in some circumstances, if a debtor attempts to exempt more than the statutory amount and no party in interest objects within thirty days of the creditors' meeting, the debtor retains an above-limit exemption...

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