Shelley v. Kendall (In Re Shelley)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
VOLINN, Bankruptcy Judge:
I
The issue in this appeal is whether the debtors’ income in the year before they filed bankruptcy fell below $20,000, thereby qualifying them for a $100,000 homestead exemption under Cal.Civ.Proc.Code (“CCP”) § 704.730(a)(3)(C) (West 1995).1 Debtors appeal the bankruptcy court ruling that their income was in excess of the statutory limit. We reverse.
II. FACTS
William and Mary Shelley (“Debtors”) had owned a retail store called Party Barn since 1977. The business had gross receipts in excess of $300,000 during the year prior to filing bankruptcy. However, during…
2Cases cited12 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In Re Eric Anderson and Anna Anderson, Debtors. Redwood Empire Production Credit Association v. Eric Anderson and Anna AndersonCourt of Appeals for the Ninth Circuit · 1987
- Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Title Insurance. Co. v. State Board of EqualizationCalifornia Supreme Court · 1992
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3Cited by13 opinions
- Coughlin v. Cataldo (In Re Cataldo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
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- In Re CiottaUnited States Bankruptcy Court, C.D. California · 1998
- Broadway Foreclosure Investments, LLC v. TarlessonCalifornia Court of Appeal · 2010
- Wolkowitz v. Breath of Life Seventh Day Adventist Church (In Re Lewis)United States Bankruptcy Court, C.D. California · 2009
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