Legal Opinion

In Re Cole

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided October 28, 1988No. BAP No. SC 88-1188-JVAs, Bankruptcy No. 87-01692-H11PublishedCited by 27 opinions

1Opinion of the Court

OPINION

ASHLAND, Bankruptcy Judge:

Donald Cole appeals the bankruptcy court’s denial of his uncontested homestead exemption. In re Cole, 83 B.R. 32 (Bankr. S.D.Cal.1988). We reverse.

FACTS

The facts in this case are undisputed, and no responsive brief has been filed in opposition to appellant Donald Cole’s (Cole) brief. Cole filed Chapter 11 and acted as debtor in possession. When Cole filed bankruptcy he owned and resided in a house in La Jolla, California. Cole claimed an undeclared homestead exemption ($45,000) against his family residence pursuant to Cal.Civ.Proc.Code § 704.710 et seq. The…

2Cases cited4 opinions

  1. In Re Eric Anderson and Anna Anderson, Debtors. Redwood Empire Production Credit Association v. Eric Anderson and Anna AndersonCourt of Appeals for the Ninth Circuit · 1987
  2. In Re Technical Knockout Graphics, Inc.United States Bankruptcy Appellate Panel for the Ninth Circuit · 1986
  3. In Re WilliamsUnited States Bankruptcy Court, S.D. California · 1986
  4. In re ColeUnited States Bankruptcy Court, S.D. California · 1988

3Cited by27 opinions

  1. Harris v. Herman (In Re Herman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
  2. Herndon v. De La Cruz (In Re De La Cruz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  3. In Re AJ Lane & Co., Inc.United States Bankruptcy Court, D. Massachusetts · 1990
  4. Katz v. Pike (In Re Pike)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  5. Imperial Coronado Partners, Ltd. v. Home Federal Savings & Loan Ass'n (In Re Imperial Coronado Partners, Ltd.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989

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