BANKRUPTCY LAW (9th Circuit Court of Appeal; Homestead Exemption): The debtors had moved from Kansas to Arizona, and claimed the Arizona homestead exemption for their new residence. The Trustee objected, but was overruled. The Court of Appeal held that where the debtors (homeowners) claim the homestead exemption, it is up to the Trustee to prove why the exemption is inappropriate in the particular case. Because the Trustee did not show that the homeowners were eligible for Kansas exemptions, the bankruptcy court properly allowed the Arizona homestead exemption to apply to their case. (In re Mark Christian Schreiber and Deborah Jean Schreiber, Case No. 21-16028 [unpublished]; 9th Circuit, filed March 3, 2022).
9th Circuit Court of Appeal; Homestead Exemption
