Diener v. McBeth (In Re Diener)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KIRSCHER, Bankruptcy Judge.
Appellant, chapter 7 2 debtor Stephanie Diener (“Diener”), appeals an order from the bankruptcy court disallowing her claimed exemption for retirement funds she asserted constituted “spousal support” under Cal.Code Civ. PROC. (“CCP”) § 703.140(b)(10)(D). Although the bankruptcy court applied an incorrect standard of law, such error was harmless, and we AFFIRM.
I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
Diener and her former spouse, David Diener (“David”), were married in 1979. After twenty-eight years of marriage, the couple separated and ceased living…
2Cases cited43 opinions
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
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- Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
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