Legal Opinion

Elliott v. Weil (In Re Elliott)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 10, 2014No. BAP CC-14-1050-KiTaD, CC-14-1059-KiTaD; Bankruptcy SV 11-23855-VKPublishedCited by 38 opinions

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

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. 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
  3. Schwab v. ReillySupreme Court of the United States · 2010
  4. Retz v. Samson (In Re Retz)Court of Appeals for the Ninth Circuit · 2010
  5. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003

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3Cited by38 opinions

  1. Douglas Ellmann v. Michael James BakerCourt of Appeals for the Sixth Circuit · 2015
  2. Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
  3. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. In re TallericoUnited States Bankruptcy Court, E.D. California · 2015
  5. In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015

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

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