In re Evenson, No. 05-37920-svk, 2010 Bankr. LEXIS 3937 (Bankr. E.D. Wisc. Nov. 3, 2010)

Date of decision:

(trustee's motion to abandon farm owned by debtors denied; case originally filed as Chapter 12, but voluntarily converted to Chapter 7; after receiving discharge, debtors refinanced debt on farm and made substantial improvements without telling trustee or court of such events; creditor objected to trustee's motion to abandon farm and court denied motion; farm was property of bankruptcy estate and all appreciation in farm's value that occurred post-petition belonged to estate and was available to pay creditors; equity appeared to be present in farm that exceeded homestead exemption that debtors claimed; trustee directed to determine value of farm and consider impact of avoiding debtors' pre-petition mortgage; trustee could file another motion for abandonment). 

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