Legal Opinion

Cisneros v. Kim (In Re Kim)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 6, 2000No. CC-00-1123-MOPB, RS-99-12686-MJPublishedCited by 47 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

The Chapter 7 trustee appeals from an order of the bankruptcy court overruling his objections to the debtor’s claim of exemption in funds held in a retirement plan. He maintains that the debtor’s receipt of all of those funds just days after bankruptcy requires disallowance of the exemption. We disagree and AFFIRM.

I. FACTS

At the time he filed his Chapter 7 petition, Appellee Jin E. Kim (“Debtor”) was employed as a bus driver with the Los Angeles Metropolitan Transit Authority (“MTA”). During the course of his employment, he had contributed to MTA’s retirement…

2Cases cited32 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. White v. StumpSupreme Court of the United States · 1924
  4. International Shoe Co. v. PinkusSupreme Court of the United States · 1929
  5. Kosta P. Velis, Debtor-Appellant v. Mary Kardanis, Creditor-AppelleeCourt of Appeals for the Third Circuit · 1991

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3Cited by47 opinions

  1. Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  2. Moldo v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
  3. Cogliano v. Anderson (In Re Cogliano)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
  4. Fursman v. Ulrich (In Re First Protection, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  5. William J. Pasquina, P.C. v. Cunningham (In Re Cunningham)District Court, D. Massachusetts · 2006

42 more not listed; retrieve them via the Exa API.

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