Legal Opinion

In re Sain

United States Bankruptcy Court, S.D. California

Decided May 7, 2018No. BANKRUPTCY NO: 14–09610–MM7PublishedCited by 2 opinions

1Opinion of the Court

MARGARET M. MANN, JUDGE

This decision explores whether California law protects the homestead proceeds received by Debtor Douglas W. Sain ("Douglas") from his Chapter 7 Trustee Richard M. Kipperman ("Trustee"). At all relevant times, Douglas has lived at 11118 Mesa Top Place, San Diego, CA 92121 ("Mesa Top"), which Douglas bought back from Trustee during his bankruptcy case. Although Douglas made substantial contributions to finance the sale from personal assets that were not property of the estate, his father, Robert W. Sain ("Robert"),2 actually took title to facilitate obtaining *327a loan for…

2Cases cited16 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. People v. GonzalesCalifornia Supreme Court · 2017
  3. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
  4. Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  5. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)Court of Appeals for the Ninth Circuit · 2014

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3Cited by2 opinions

  1. In Re Evander Frank KaneDistrict Court, N.D. California · 2024
  2. In re: TIMOTHY J. REEVES a/k/a Tim Reeves a/k/a Timothy James Reeves, and MISTY KAY REEVESUnited States Bankruptcy Court, D. New Mexico · 2026

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