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IN RE HALL

BAP No. KS-08-88. Bankruptcy No. 06-40887.

441 B.R. 680 (2009)

In re David HALL, also known as Day Hall, also known as Dae Hall, also known as The Tire Cutters, Inc., and Linda M. Hall, Debtors. Darcy D. Williamson, Trustee, Appellant, v. David Hall and Linda M. Hall, Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

December 4, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs.*

Darcy D. Williamson , pro se.

Larry E. Schneider , Topeka, Kansas, for Appellees.

Before: MICHAEL, BROWN, and ROMERO, Bankruptcy Judges.

ROMERO, Bankruptcy Judge.

The Chapter 7 Trustee, Darcy D. Williamson (the "Trustee"), appeals from the Bankruptcy Court's Order of October 17, 2008. The Trustee raises two issues on appeal: (1) whether the Bankruptcy Court erred in determining Debtors could each elect to exempt as homestead a residence occupied by the family of Debtor David Hall ("D. Hall"), but not by him personally, on the date of filing; and (2) whether the Bankruptcy Court erred in determining...

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