Arrol

Arrol v. Broach

Good Law
170 F.3d 934·1999 WL 140734·41 Collier Bankr. Cas. 2d 995·1999 U.S. App. LEXIS 4247
United States Court of Appeals for the Ninth CircuitMarch 17, 1999No. 97-17367California1,390 words

Opinion

Lead Opinion

Thompson, J.

OVERVIEW

William H. Broach, the trustee in bankruptcy (“trustee”) for the estate of Robert John Arrol (“Arrol”), appeals the district court’s order affirming the bankruptcy court’s decision that Arrol is entitled to apply California’s statutory $75,000 homestead exemption to his residence located in Michigan. The trustee contends that the bankruptcy and district courts erred in interpreting 11 U.S.C. § 522 (b)(2)(A) as requiring the application of California’s homestead exemption laws without first invoking California’s conflict of laws principles, and that California’s *935 homestead exemption should not be given extraterritorial effect.

We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

BACKGROUND

The facts are undisputed. Arrol bought a home in Michigan in 1982. Without selling the home, he moved to California in October 1994. He moved back to his Michigan home in November 1996 and has continued to reside there ever since.

On January 9,1997, Arrol filed a voluntary Chapter 7 1 bankruptcy petition in the Northern District of California. The parties do not contest that this was the proper venue because Arrol had resided in the Northern District of California for…

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