In re Rostler

MEMORANDUM OPINION

On September 16,1993, Susann E. Rostler (“Debtor”) filed an amendment to her bankruptcy schedules, claiming an increased homestead exemption of $100,000 under California Code of Civil Procedure (“C.C.P.”) § 704.730(a)(3)(B). Debtor claimed that as a result of her pre-petition use of the drug L-tryptophan she was rendered disabled and unable to engage in substantial gainful employment. On October 12, 1993, Charles Daff, the Chapter 7 trustee (“Trustee”), objected to Debtor’s amendment because the evidence indicated that Debtor was not entitled to the increased homestead exemption under C.C.P. § 704.730(a)(3)(B).

At a hearing on March 16,1994,1 took the matter under submission to determine whether Debtor was entitled to the increased exemption under C.C.P. § 704.730(a)(3)(B).

JURISDICTION

This court has jurisdiction over this case pursuant to 28 U.S.C. § 1334 (a) (1994) (the district courts shall have original and exclusive jurisdiction of all cases under title 11), 28 U.S.C. § 157 (a) (1994) (authorizing the district courts to refer all title 11 eases and proceedings to the bankruptcy judges for the district), and General Order No. 266, dated October 9, 1984…