In Re Eugene L. Barnes Anne Barnes, Debtors. Eugene L. Barnes Anne Barnes v. Appleway Equipment Leasing, Inc. Panhandle Trustee Services, Inc.

Good Law
972 F.2d 1336·1992 WL 207847·1992 U.S. App. LEXIS 27432
United States Court of Appeals for the Ninth CircuitAugust 26, 199291-35433California646 words

Opinion

Opinion

972 F.2d 1336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Eugene L. BARNES; Anne Barnes, Debtors. Eugene L. BARNES; Anne Barnes, Appellants, v. APPLEWAY EQUIPMENT LEASING, INC.; Panhandle Trustee Services, Inc., Appellees. No. 91-35433. United States Court of Appeals, Ninth Circuit. Submitted Aug. 20, 1992. * Decided Aug. 26, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Eugene and Anne Barnes (debtors) appeal from the judgment of the Bankruptcy Appellate Panel (BAP). The BAP held the debtors' homestead declaration invalid because it failed to contain an estimate of the cash value of the property and failed to contain either debtor's legal name. The validity of the declaration is a question of Idaho law, which we review de novo. Brooks v. Hilton Casinos, Inc., 959 F.2d 757, 759 (9th Cir.1992). We affirm. DISCUSSION 3 "A homestead exemption establishes the family residence as an enclave exempt from the reach of most creditors."…

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