Legal Opinion
In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, Trustee
Court of Appeals for the Ninth Circuit
Decided June 22, 1992No. 91-55300PublishedCited by 152 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
More than 40 states, including California, have statutes that place a debtor’s homestead or a portion thereof beyond the reach of creditors. This protection carries over into bankruptcy to shelter the debtor from forced sale of his homestead by a bankruptcy trustee unless certain conditions are satisfied. In this case we explore the conditions to be met before a bankruptcy trustee may sell a debtor’s homestead in accordance with California’s homestead exemption statute and the United States Bankruptcy Code.
Facts
On November 21, 1988, Appellants Irwin and Janice Hyman…
2Cases cited3 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- Hyman v. Plotkin (In Re Hyman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1991
3Cited by152 opinions
- Schwab v. ReillySupreme Court of the United States · 2010
- Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999
- In Re Sandor Chabot in Re Betty B. Chabot, Debtors. City National Bank v. Sandor Chabot Betty B. ChabotCourt of Appeals for the Ninth Circuit · 1993
- In Re MohringUnited States Bankruptcy Court, E.D. California · 1992
- Gebhart v. GaughanCourt of Appeals for the Ninth Circuit · 2010
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