Legal Opinion

In Re Gardiner

United States Bankruptcy Court, S.D. California

Decided September 30, 2005No. 19-00525PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

Debtor Gene Gardiner (the “Debtor”) claimed an exemption in a workers’ compensation award in the amount of $37,000 pursuant to California Code Civil Procedure (“CCP”) section 704.160.

Before the Court is Leslie Gladstone’s, the Chapter 7 trustee (the “Trustee”), Motion for Summary Judgment. At issue is whether the Debtor’s workers’ compensation award lost its exempt status because the funds were invested in a house.

This Court has jurisdiction to determine this matter pursuant to 28 U.S.C. §§ 1334 and 157(b)(1) and General Order No. 312-D of…

2Cases cited12 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Merlin Hansen Dolores Hansen v. United StatesCourt of Appeals for the Ninth Circuit · 1993
  3. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995
  4. Hughes v. United StatesCourt of Appeals for the Ninth Circuit · 1992
  5. In Re RollandUnited States Bankruptcy Court, C.D. California · 2004

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3Cited by8 opinions

  1. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  2. In Re FullwoodUnited States Bankruptcy Court, S.D. Georgia · 2010
  3. In re SainUnited States Bankruptcy Court, S.D. California · 2018
  4. In re PughUnited States Bankruptcy Court, S.D. California · 2014
  5. In re ApfelUnited States Bankruptcy Court, E.D. Virginia · 2017

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