Schwartz v. Rodin / In re Ellen Elvie Sroog Rodin

(United States Bankruptcy Court, Northern District of California, 8/23/2013, Case No. 13-40732-RLE; Chapter 7)

We represented: Creditor Schwartz

Honorable Roger Efremsky

DECISION and ORDER

The following constitutes
the order of the court. Signed September 3, 2013
/s/______________________________________________
Roger L. Efremsky
Us Bankruptcy Judge

ORDER SUSTAINING CREDITOR MARTIN SCHWARTZ'S OBJECTION TO DEBTOR'S CLAIM FOR HOMESTEAD EXEMPTION

Creditor Martin Schwartz's ("Schwartz") Objection to Debtor Ellen Elvie Sroog Rodin's ("Rodin") claim for Homestead Exemption with respect to the real property located at 641-643 Warburton Avenue, Yonkers, New York ("Property") dated April 10, 2013 having come before the Court for evidentiary hearing on August 12 and 13, 2013; Richard G. Avila, Esq. appeared on behalf of Rodin, Jay B. Itkowitz, Esq. of Itkowitz PLLC appeared on behalf of Schwartz, and Katherine D. Ray, Esq. appeared on behalf of Tevis T. Thompson, Jr., Trustee of the Chapter 7 estate of Rodin; and

The Court having considered all pleadings filed in support of and in opposition to the claimed Homestead Exemption, all the exhibits admitted, the testimony of Rodin, the record of the Court, and the argument of counsel and Rodin, and for the reasons stated by the Court on August 23, 2013, when the Court rendered its oral decision, which statements shall constitute the Court's findings of fact and conclusions of law, and for good cause shown;

IT IS HEREBY ORDERED that for the reasons stated on the record, Creditor Martin Schwartz's Objection to Debtor Ellen Elvie Sroog Rodin's Claim for Homestead Exemption as to the Property is sustained.