Legal Opinion

Heintz v. Carey (In Re Heintz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 8, 1996No. BAP No. NC-95-1792-RAsV. Bankruptcy No. 92-12299PublishedCited by 42 opinions

1Opinion of the Court

OPINION

RUSSELL, Bankruptcy Judge:

The debtor listed myriad personal property and equipment as exempt on his schedules. Athough the claimed exemptions clearly exceeded the statutory limits, no one objected and the debtor obtained the exemptions by default. Ml the exempted property was encumbered by a judicial lien.

With the debtor’s cooperation, the chapter 7 1 trustee collected the exempt property and, after obtaining authorization from the bankruptcy court, sold the assets at auction.

Next, the trustee and the lien creditor entered into a stipulated judgment to avoid the lien encumbering the…

2Cases cited17 opinions

  1. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Owen v. OwenSupreme Court of the United States · 1991
  4. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  5. In Re MohringUnited States Bankruptcy Court, E.D. California · 1992

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

3Cited by42 opinions

  1. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  2. Rains v. Flinn (In Re Rains)Court of Appeals for the Ninth Circuit · 2005
  3. Towers v. Boyd (In Re Boyd)District Court, N.D. California · 2000
  4. In Re VirissimoUnited States Bankruptcy Court, D. Nevada · 2005
  5. In Re SeiboldUnited States Bankruptcy Court, D. Idaho · 2006

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

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