Introducing ATLASLearn more
Legal Opinion

In Re Seyfert

United States Bankruptcy Court, S.D. California

Decided March 17, 1989No. 19-00379PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM DECISION

LOUISE DeCARL MALUGEN, Bankruptcy Judge.

Because both of the above-referenced cases present the same legal question, the Court has considered them together to jointly dispose of them in this Decision. At issue is the Chapter 7 trustee’s power to limit or condition the estate’s release of sales proceeds attributable to a debtor’s declared homestead exemption.

[[Image here]]

In both cases, the debtor filed a Chapter 7 petition asserting a declared homestead exemption in a residence under Cal.Code of Civ.Proc. § 704.910. Upon appointment, the trustee sold the residence and…

2Cases cited4 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. In Re ColeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  3. In Re HarlanUnited States Bankruptcy Court, W.D. Texas · 1983
  4. Knudsen v. Brock (In Re Knudsen)United States Bankruptcy Court, C.D. California · 1987

3Cited by15 opinions

  1. Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. In Re SanglierUnited States Bankruptcy Court, E.D. Michigan · 1991
  3. In Re CombsUnited States Bankruptcy Court, N.D. California · 1994
  4. Moffat v. Habberbush (In Re Moffat)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  5. In Re WhitmanUnited States Bankruptcy Court, S.D. California · 1989

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

Showing a preview — retrieve the full document via the Exa API.

View API DocsGet API Key

Powered by the Exa API