Legal Opinion

In Re Capps

United States Bankruptcy Court, D. Idaho

Decided October 18, 2010No. 09-41980PublishedCited by 14 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Introduction

Chapter 7 1 debtor Valerie Capps (“Debtor”), following her employment, moved from Colorado to Idaho in December 2006. Since moving, Debtor has rented an apartment in Rigby while continuing to own a home in Colorado. Debtor claims her Colorado property exempt pursuant to Idaho’s homestead exemption statutes. The chapter 7 trustee, R. Sam Hopkins (“Trustee”), objected to that exemption claim and filed a motion compelling Debtor to turn over the Colorado property to be liquidated. The question raised by this contest is whether…

2Cases cited17 opinions

  1. Mississippi Band of Choctaw Indians v. HolyfieldSupreme Court of the United States · 1989
  2. White v. StumpSupreme Court of the United States · 1924
  3. Williamson v. OsentonSupreme Court of the United States · 1914
  4. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
  5. Culver, LLC v. Chiu (In Re Chiu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001

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3Cited by14 opinions

  1. In re the Bankruptcy Petition of WieberWashington Supreme Court · 2015
  2. In re FelicianoUnited States Bankruptcy Court, D. Massachusetts · 2013
  3. In re WithingtonUnited States Bankruptcy Court, D. Colorado · 2018
  4. In Re WeltonUnited States Bankruptcy Court, M.D. Florida · 2011
  5. In re JamesUnited States Bankruptcy Court, D. Massachusetts · 2016

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

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