Legal Opinion

McCowan v. Fraley (In Re McCowan)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 17, 2003No. BAP No. CC-02-1441-PBK, Bankruptcy No. LA 00-41490 KM, Adversary No. LA 01-01250 KMPublishedCited by 25 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

The issue in this case is whether a bankruptcy court retains jurisdiction to enforce its money judgments after the bankruptcy case is closed. We hold that a bankruptcy court has ancillary jurisdiction to enforce its money judgments and retains such jurisdiction after the bankruptcy case closes. Therefore, the bankruptcy court had jurisdiction to reject the former debtor’s claim of exemption in response to a writ of execution on a nondisehargeable money judgment, and we AFFIRM.

FACTS

While appellant McCowan was a debtor in a case under chapter 7 of the Bankruptcy…

2Cases cited16 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  3. Peacock v. ThomasSupreme Court of the United States · 1996
  4. Riggs v. Johnson CountySupreme Court of the United States · 1868
  5. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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

3Cited by25 opinions

  1. Battle Ground Plaza, LLC v. Ray (In Re Ray)Court of Appeals for the Ninth Circuit · 2010
  2. Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  3. Faulkner v. Eagle View Capital Management (In Re Heritage Organization L.L.C.)United States Bankruptcy Court, N.D. Texas · 2011
  4. Gradco Corp v. Blankenship (In Re Blankenship)United States Bankruptcy Court, N.D. Alabama · 2009
  5. Kirton v. Valley Health System (In Re Valley Health System)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012

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

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