32 Collier bankr.cas.2d 1813, Bankr. L. Rep. P 76,399 in Re Jereld Joe Michael, A/K/A Jerry Michael in Re Shirley Kay Michael, Debtors. Jereld J. Michael Shirley K. Michael v. Craig D. Martinson, Trustee

49 F.3d 499 32 Collier Bankr.Cas.2d 1813 , Bankr. L. Rep. P 76,399 In re Jereld Joe MICHAEL, a/k/a Jerry Michael; In re Shirley Kay Michael, Debtors. Jereld J. MICHAEL; Shirley K. Michael, Petitioners-Appellants, v. Craig D. MARTINSON, Trustee, Respondent-Appellee. No. 93-35740. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994 * . Decided Feb. 23, 1995. Floyd A. Brower, Brower Law Firm, Roundup, MT, for petitioners-appellants. Craig D. Martinson, Billings, MT, for respondent-appellee. Appeal from the United States District Court for the District of Montana. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. PER CURIAM: 1 In this adversary proceeding, the bankruptcy court ruled that Jereld J. and Shirley K. Michael could not claim a homestead exemption because they failed to record a declaration of homestead as required by Montana law before filing their bankruptcy petition. The district court affirmed, and the Michaels appeal. We vacate and remand. 2 * When the Michaels filed their voluntary Chapter 7 bankruptcy petition, they had not yet recorded a declaration of homestead as required by Mont.Code Ann. Secs. 70-32-105, 106, 107. They also failed to list…