Legal Opinion

Diaz v. Kosmala (In Re Diaz)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 11, 2016No. BAP CC-15-1219-GDKi; Bk. 8:13-19194-CBPublishedCited by 35 opinions

1Opinion of the Court

OPINION

GAN, Bankruptcy Judge:

Debtor Andy Diaz (“Diaz”) appeals from a final order granting the motion of the chapter 7 2 trustee, Weneta M.A. Kosmala (“Trustee”), to disallow Diaz’s homestead exemption claimed under California law. The Trustee’s motion was joined by Susan Wilson, Diaz’s former mother in law and creditor in the case. Because the bankruptcy court incorrectly interpreted California homestead law, we VACATE and REMAND.

I. FACTS

Prior to 2011, Diaz was married to Rebecca Wilson Diaz, and lived at a residence in Fullerton, CA. (“Property”). The couple had a son, who is now about…

2Cases cited28 opinions

  1. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
  4. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
  5. Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999

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3Cited by35 opinions

  1. Tammy Phillips v. Kevan GilmanCourt of Appeals for the Ninth Circuit · 2018
  2. In re WilliamsUnited States Bankruptcy Court, C.D. California · 2016
  3. In re: Frances Elizabeth PassUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. In re AubryUnited States Bankruptcy Court, C.D. California · 2016
  5. In re GoodUnited States Bankruptcy Court, W.D. Washington · 2018

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

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