In the Matter of Cecil Statham, Bankrupt. Cecil Statham, Bankrupt-Appellant v. W. Stanley Riddle, Jr., Trustee-Appellee
Opinion
Opinion
Carter, J.
Before CHAMBERS, CARTER and GOODWIN, Circuit Judges.
Appellant Statham attacks the constitutionality of the Homestead Laws of the State of Washington under the Equal Protection Clause of the Fourteenth Amendment.
On August 16, 1970, appellant, a single man without dependents, recorded a declaration of homestead on real property in the State of Washington. The following day, August 17, 1970, he filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. Thereafter he claimed the real property as exempt under Washington law. The Bankruptcy Act laws exemptions provided by State law, Section 6 of the Act, 11 U.S.C. § 24 .
The claim was disallowed by the trustee and the referee, and a petition for review was denied by the district court.
Statutes of the State of Washington permit a homestead to be selected by an unmarried person who is the head, of a family. R.C.W. 6.12.020. “Head of a Family” is defined as a person who has residing on the premises with him [or her] and under his [or her] care and maintenance various relations listed therein. R.C.W. 6.12.290(2) (a) through (e).
R.C.W. 6.12.290(1) lists as the head of a family: