Dean M Harris
Opinion
Trial Court Opinion
I. Introduction
Concurrently with the issuance of this Memorandum Regarding Certification for Direct Appeal to Ninth Circuit Court of Appeals of Order Disallowing Homestead Exemption Claim (the “Certification Memorandum”), the Court has entered an Order Disallowing Homestead Exemption Claim (the “Exemption Order”)1 and an Order Certifying Direct Appeal to the Ninth Circuit Court of Appeals of Order Disallowing Homestead Exemption Claim (the “Certification Order”). For the reasons set forth in this Certification Memorandum—which is the document required by Bankruptcy Rules 8006(b) and (e)(1)2—the Court, on its own motion, certifies a direct appeal of the Exemption Order to the Ninth Circuit Court of Appeals (the “Ninth Circuit”).
1 Bankr. Doc. No. 98. 2 Unless otherwise indicated, all “Civil Rule” references are to the Federal Rules of Civil Procedure, Rules 1–86; all “Bankruptcy Rule” references are to the Federal Rules of Bankruptcy Procedure, Rules 1001–9037; all “Evidence Rule” references are to the Federal Rules of Bankruptcy Rule 8006(e)(1) requires that when making a certification on its own motion, the Court provide in a memorandum accompanying that certification the…