Swenor
Swenor v. Robertson
Opinion
Opinion
Peckham, J.
ORDER
This is an appeal by the trustee in bankruptcy, Jerome Robertson, from a decision by Bankruptcy Judge Moore that the bankrupts, Mr. and Mrs. Swenor, are entitled to a $30,000 homestead exemption rather than the $20,000 exemption allowed by the trustee.
The dispute as to the proper amount of the exemption centers around section 1260 of the California Civil Code. In 1970, the statute was amended to increase the homestead exemption from $15,000 to $20,-000. In addition, a second paragraph was added, which stated,
Cal.Civ.Code § 1260 (West Supp.1977). In 1976, the amount of the exemption was increased again, this time to $30,000. The second paragraph remained the same except for a change in the effective date from 1971 to 1977. The Swenors filed their petition in bankruptcy on March 17, 1977, but the parties have stipulated that certain of the obligations incurred by the Swenors were in existence prior to January 1, 1977.
The appellees concede that prior to 1970, an increase in the amount of a statutory exemption could not be given retroactive effect. The leading case so holding is In re Rauer’s Collection Co., 87 Cal.App.2d 248 , 196 P.2d 803 (1948). There the court cited a…