In Re Evander Frank Kane

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EVANDER FRANK KANE Case No. 23-cv-05288-WHO

Debtor/Appellant,

ORDER AFFIRMING BANKRUPTCY

v. COURT ORDER GRANTING MOTION

FOR TURNOVER OF HOMESTEAD

FRED HJELMESET, TRUSTEE PROCEEDS Appellee. Re: Dkt. No

12 Appellant Evander Frank Kane appeals a bankruptcy order by the Hon. Chief Judge Stephen L. Johnson granting appellee and trustee Fred Hjelmeset’s (the “Trustee”) motion for turnover of homestead proceeds. Kane received the proceeds as part of a homestead exemption that he claimed when filing for bankruptcy, but he failed to reinvest them as required by California law and Judge Johnson properly ordered him to turn them over to the Trustee. Nothing in the Bankruptcy Code preempts California’s ability to implement reinvestment periods. The court did not clearly err in finding that Kane did not show that he is otherwise exempt from California’s reinvestment period. And it did not abuse its discretion when…