Elliott v. Weil (In Re Elliott)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KIRSCHER, Bankruptcy Judge.
Debtor Edward E. Elliott (“Elliott”) appeals an order sustaining the objection of appellee, chapter 7 1 trustee Diane C. Weil (“Trustee”), to his claimed homestead exemption under Cal. Crv. Pitoc. Code § 704.730(a)(3). The bankruptcy court sustained Trustee’s objection on the basis that Elliott had claimed the exemption in bad faith. Elliott contends that despite his misconduct, he is nevertheless entitled to the exemption due to an intervening change in the controlling law while this appeal was pending.
We conclude that Law v. Siegel, — U.S.-, 134 S.Ct. 1188,…
2Cases cited26 opinions
- Law v. SiegelSupreme Court of the United States · 2014
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
- Schwab v. ReillySupreme Court of the United States · 2010
- Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
- Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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