IN THE UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
|DO NOT PUBLISH
This case disposition has no value as precedent and is not intended for publication. Any publication, either in print or electronically, is contrary to the intent and wishes of the court.
JOHN R. JONES, JR., No. 95-13208
Debtor John R. Jones lives in one apartment of a 12-unit apartment house which he owns.
He established that there is little or no equity in the property over and above the deeds of trust,
and that he is entitled to a homestead exemption of $100,000.00 because he is a quadraplegic.
He seeks to avoid the judgment lien of creditor Joan McNair pursuant to section 522(f)(1)(A) of
the Bankruptcy Code. McNair argues that Jones cannot exempt the property because he occupies
only one unit.
There is simply no basis in California law for McNair's position. Section 704.710 of the
California Code of Civil Procedure provides that a "dwelling" for homestead purposes is "a place
where a person resides." In Phelps v. Loop
(1944) 64 Cal. App.2d 332, the court specifically
allowed the debtors to exempt as a homestead an 18-unit apartment building in which they
For the foregoing reasons, Jones' motion will be granted and McNair's lien avoided. Counsel
for Jones shall submit an appropriate form of order.