Legal Opinion
Gebhart v. Gaughan
Court of Appeals for the Ninth Circuit
Decided September 14, 2010No. 07-16769, 07-35704PublishedCited by 53 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
These consolidated appeals present the question of how to construe the homestead exemption in bankruptcy. In both cases, the debtors filed for Chapter 7 bankruptcy at a time when the value of the equity in their homes was less than the amount they were eligible to claim under the state or federal homestead exemption. There was no value in the homestead properties that could be claimed by the bankruptcy estate, and the debtors therefore anticipated that they would be able to retain ownership of their homes, subject to the terms of then-mortgages, after the…
2Cases cited15 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Schwab v. ReillySupreme Court of the United States · 2010
- In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
10 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014
- Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)Court of Appeals for the Ninth Circuit · 2014
- In Re OBrienUnited States Bankruptcy Court, W.D. Michigan · 2011
- Massey v. Pappalardo (Massey)Bankruptcy Appellate Panel of the First Circuit · 2012
- In Re WengerdBankruptcy Appellate Panel of the Sixth Circuit · 2011
48 more not listed; retrieve them via the Exa API.