Legal Opinion

Hyman v. Plotkin (In Re Hyman)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 12, 1991No. BAP No. CC-89-1651-MeVP, Bankruptcy No. LA 88-24553, Adv. No. 89-00544-GMPublishedCited by 53 opinions

1Opinion of the Court

OPINION

MEYERS, Bankruptcy Judge:

I

Joint debtors under Chapter 7 of the Bankruptcy Code (“Code”) brought this action against their estate trustee seeking a declaratory judgment that the debtors’ principal residence was an exempt asset and no longer property of the estate. From an Order of the trial court granting summary judgment in favor of the Trustee, this appeal ensues. We AFFIRM.

II

FACTS

Irwin and Janice Hyman (“Hymans”) filed a voluntary petition under Chapter 7 of the Code on November 21, 1988. They listed their principal residence as an asset, stating its value to be $415,000 and claiming…

2Cases cited31 opinions

  1. Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  3. 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
  4. Stuart v. Pingree (In Re Afco Development Corp.)United States Bankruptcy Court, D. Utah · 1986
  5. Tarrant v. Spenard Builders Supply, Inc. (In Re Tarrant)United States Bankruptcy Court, D. Alaska · 1982

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3Cited by53 opinions

  1. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  2. Yadkin Valley Bank & Trust Co. v. McGee (In re Hutchinson)Court of Appeals for the Fourth Circuit · 1993
  3. Addison v. ReavisDistrict Court, E.D. Virginia · 1993
  4. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  5. Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014

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

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