Green

Green v. Savage

Good Law
United States Court of Appeals for the Ninth CircuitOctober 2, 200907-16067California5,341 words

Opinion

Opinion

I.

BACKGROUND

The material facts of this case are not in dispute. Greene purchased a parcel of undeveloped land at 450 Alamosa Drive 14276 IN RE GREENE in Sparks, Nevada, (the “Property”) in May 1994. By August 11, 2004, Greene had moved a trailer onto the Property and was living in it. On that day, Greene recorded a declaration of homestead with the Washoe County Recorder’s Office for a trailer and the Property. Sixteen days later, on August 27, 2004, Greene filed a Chapter 13 bankruptcy petition. Greene concedes that until early August 2004, he never lived on or made any improvements to the Property. On October 8, 2004, Rena Wells (“Wells”), a creditor, filed an objection to Greene’s claim of a homestead exemption, asserting that Greene’s homestead was not his bona fide residence. Greene voluntarily dismissed the petition on February 17, 2005.

On August 11, 2005, Greene was cited by Washoe County for illegally using a recreational vehicle for dwelling pur- poses. At that time, Greene told authorities he was no longer using the trailer as a dwelling but was sleeping on the Prop- erty in his tent.

On October 15, 2005, Greene filed a Chapter 7 bankruptcy…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.