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IN RE ALSBERG

No. 94-15085. BAP No. NC-92-2318-JAsO.

68 F.3d 312 (1995)

In re Terry ALSBERG, dba Alsberg Brothers Boatworks, Debtor. Terry ALSBERG, dba Alsberg Brothers Boatworks, Appellant, v. Jerome E. ROBERTSON, Chapter 7 Trustee, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1995.

Attorney(s) appearing for the Case

Henry G. Rendler, San Jose, CA, for appellant.

Charles P. Maher, Rosenblum, Parish & Isaacs, San Francisco, CA, for appellee.

Before: BEEZER and THOMPSON, Circuit Judges, and JUSTIN L. QUACKENBUSH, District Judge.

BEEZER, Circuit Judge:

Debtor Terry Alsberg, dba Alsberg Brothers Boatworks, ("Alsberg") appeals the Bankruptcy Appellate Panel's ("the BAP") decision that Alsberg is entitled only to the $45,000 homestead exemption allowed under California law from proceeds from the sale of his residence. Alsberg argued to the BAP that he was additionally entitled to the value of post-bankruptcy-petition appreciation in the value of his residence. The BAP held that such appreciation...

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