DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
112449P.pdf 04/09/2012 Jody May Walters v. Bank of the West
U.S. Court of Appeals Case No: 11-2449
Appeal from the Bankruptcy Appellate Panel for the Eighth Circuit
[PUBLISHED] [Loken, Author, with Wollman and Gruender, Circuit Judges]
Bankruptcy - homestead exemption. Bankruptcy appellate panel's decision
that homestead is not exempt from bank's antecedent debts is affirmed. Any
new homestead exemption must have been acquired with the proceeds of the old
and the new homestead exemption was properly denied. Proof of exhaustion is
not condition precedent to the antecedent judgment creditor's right to
petition for judicial sale of the homestead and bankruptcy court did not err
in concluding Lakeview Drive homestead was not exempt under section 561.21(a)
and in lifting the automatic stay.