Legal Opinion
Matos v. Rivera (In re Matos)
Bankruptcy Appellate Panel of the First Circuit
Decided September 26, 2012No. BAP No. 11-074; Bankruptcy No. 10-10289-ESLPublishedCited by 12 opinions
1Opinion of the Court
DEASY, Bankruptcy Judge.
Damian Garcia Matos (the “Debtor”) appeals from the bankruptcy court’s order sustaining the chapter 13 trustee’s (the “Trustee”) objection to the exemption he claimed in an income tax refund (the “Refund”), and the order denying his motion for reconsideration. The Debtor contends that it was error to sustain an exemption objection that was based upon an unrelated statute governing plan confirmation. For the reasons set forth below, we conclude that the Trustee failed to sustain his burden in objecting to the exemption and therefore, REVERSE.
BACKGROUND
In October 2010,…
2Cases cited39 opinions
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Segal v. RochelleSupreme Court of the United States · 1966
- Kokoszka v. BelfordSupreme Court of the United States · 1974
- Schwab v. ReillySupreme Court of the United States · 2010
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
34 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nieves Guzmán v. Rentas (In re Nieves Guzmán)Bankruptcy Appellate Panel of the First Circuit · 2017
- Rivera v. ASUMEBankruptcy Appellate Panel of the First Circuit · 2013
- United States v. Monahan (In re Monahan)Bankruptcy Appellate Panel of the First Circuit · 2013
- Witkowski v. Boyajian (Witkowski)Bankruptcy Appellate Panel of the First Circuit · 2014
- Municipality of Carolina v. Gonzalez (In re Gonzalez)Bankruptcy Appellate Panel of the First Circuit · 2013
7 more not listed; retrieve them via the Exa API.