Crystal Waite and Donald Waite

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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re
CRYSTAL and DONALD WAITE, No. 05-12069
Debtor(s).
______________________________________/
Memorandum on Objection to Claim of Exemption
_________________
The debtors’ amended Schedule C is, to state it charitably, somewhat deficient. They claim
“home and real property” exempt pursuant to “704.920" and a car exempt pursuant to “704.710, 704.720,
704.730 In re McFall, 112 B.R. 336 (9th Cir. B.A.P. 1990).” The debtors have filed no points and
authorities in opposition to the Trustee’s objection to these exemptions.
Assuming that the debtors are referring to the California Code of Civil Procedure, none of the
sections used to claim the car exempt applies to cars. That objection will accordingly be sustained.
An out-of-state home may be claimed exempt under California’s automatic homestead exemption,
if the debtor resides in the property when the bankruptcy is filed. In re Arrol, 207 B.R. 662
(Bkrtcy.N.D.Cal. 1997); In re Anderson, 824 F.2d 754 (9th Cir. 1987). However, the debtors admit that
they were not living in the property when they filed their Chapter 7 petition and have claimed the home
exempt under the declared homestead exemption. The court doubts that a California declaration of
homestead was filed in Pennsylvania.
For the foregoing reasons, the Trustee’s objections will be sustained, with leave to amend. The
Entered on Docket
December 12, 2005
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 05-12069 Doc# 21 Filed: 12/12/05 Entered: 12/12/05 10:49:34 Page 1 of 2

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court expects that if amended schedules are filed the exemption statutes will be properly identified and
counsel for the debtors will be prepared to support them with a proper memorandum of points and
authorities.
In the event counsel for the debtors provides counsel for the Trustee with a copy of a duly
recorded (prepetition) declaration of homestead filed in Pennsylvania, this decision may be
reconsidered.
Counsel for the Trustee shall submit an appropriate form of order.
Dated: December 9, 2005
SAlan Jaroslovsky
U.S. Bankruptcy Judge
Case: 05-12069 Doc# 21 Filed: 12/12/05 Entered: 12/12/05 10:49:34 Page 2 of 2