*923 MEMORANDUM DECISION
Upon consent of the parties and in recognition that no facts are in dispute, this contest over the debtor’s claim to a homestead exemption is submitted to the court on briefs. The facts are summarized below.
Prior to their divorce, the debtor and his former wife had resided together in Mt. Horeb, Wisconsin. Sometime before his wife petitioned for divorce on October 8, 1981, the debtor had removed to rented quarters elsewhere in Mt. Horeb. Debtor claims, and objector does not seriously dispute, that debtor moved away from his homestead as a result of family discord. On November 11, 1981, the Family Court Commissioner issued a temporary order, providing that the petitioning wife have “exclusive temporary use” of the family home. Judgment of divorce was entered May 21, 1982. Pursuant to the judgment, the debtor quit-claimed his interest in the property to Mrs. Gullickson, and received a mortgage and note for $4,000. The debtor has claimed his “mortgage interest” as exempt homestead under WIS.STAT. § 815.-20 and 11 U.S.C. § 522(b).
Debtor filed his chapter 7 petition with this court on September 16, 1983. A meeting of creditors, scheduled for October 17, 1983 was continued to October 24. The State Bank of Mt. Horeb (“Bank”) mailed its objection to the debtor’s claimed homestead exemption on November 23, 1983. The objection was received by the court November 25, 1983.
The debtor’s contention that the Bank’s objection to exemptions was untimely relies upon the court’s original notice of a meeting of creditors, which he claims fixed October 26, 1983 as the last day for filing objections to exemptions. 1 The objection is untimely, but for a different reason. Fed.R.Bankr.P. 4003(b) provides that “any creditor may file objections to the list of property claimed as exempt within 30 days after the conclusion of the meeting of creditors ... or the filing of any amendment to the list” (emphasis supplied). The meeting of creditors in this case concluded on October 24, 1983. Creditor therefore had until November 24 to file objections. In case of seeming conflict between the court’s notice and the Federal Rules, the Rules must prevail. But those same rules give the creditor thirty days to file objections, and allow an extension of a time period if sought before its expiration, Rule 9006(b)(1), or afterwards if delay is due to excusable neglect. Id. The objecting creditor neither filed in time nor timely sought extension. 2
The Bank may rely upon Rule 4003(b), allowing thirty days for creditor objections to “any amendment.” Debtor amended his exemption schedule on November 3, 1983 to affect other property. That amendment cannot increase the time in which the Bank may object to the claimed exemption in the “homestead.” The Rules must be construed reasonably. It seems clear that the Bankruptcy Rule intended to allow for objections to those amendments which are actually made, and not to reopen previously determined issues.
Although it is not necessary to do so, it may be useful to review briefly the merits of the Bank’s objection. WIS.STAT. § 815.20 provides for a homestead exemption, which “shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale thereof, but shall extend to the proceeds derived from such sale to an amount not exceeding $25,000, while held, with the intention to procure another homestead therewith, for 2 years.” Under federal law, the debtor may claim the Wiseon- *924 sin exemptions to which he is entitled. 11 U.S.C. § 522(b)(2)(A).
Several decisions of bankruptcy courts have considered claims to homestead exemption by Wisconsin debtors who have removed from the premises before the completion of divorce proceedings. In
In Re Lumb,
Both parties to the present objection rely upon
In Re Neis,
In a very recent decision, the Ninth Circuit Court of Appeals has held that a lien on a former homestead, granted the debtor in a divorce decree, did not of itself constitute a sufficient basis for a homestead exemption under an Oregon law similar to the Wisconsin homestead statute.
In Re White,
Neis
controls the present decision. The debtor left his home due to marital troubles, manifested no intention contrary to returning if permitted, and was ultimately prevented from returning by a court order sought by his wife in divorce proceedings brought by her. There is a “bias ... toward the debtor” of Wisconsin
law
—Neis, at 587,
cf. Eloff v. Riesch,
In summary, the objection was not timely filed. Even had the objection been timely filed, it would not have been sustained. *925 Therefore, the objection must be and here-’ by is ordered denied.
Notes
. It is apparent from the complete court file that debtor’s counsel has misread the order in question.
. A three-day enlargement of time is automatically granted when an act must be done within a specified time after service of a paper by mail. Rule 9006(f). This enlargement is inapplicable to the present case, where the starting point was an event.
