Legal Opinion
Smith v. Kennedy
Court of Appeals for the Ninth Circuit
Decided December 19, 2000No. 98-56795PublishedCited by 4 opinions
1Opinion of the Court
Opinion by Judge REINHARDT; Dissent by Judge O’SCANNLAIN
REINHARDT, Circuit Judge:
John Douglas Smith (“Smith”) appeals the district court’s affirmance of the bankruptcy court, which denied his effort to exempt from his bankruptcy estate property that he characterized as a “private retirement plan.” His appeal raises two questions, both of which are novel in this Circuit: first, whether the indefinite “continuance” of a Bankruptcy Code § 341(a) “meeting of creditors” tolls the period for filing objections to property claimed as exempt under § 522(i); and second, whether conversion of the case…
2Cases cited15 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- In Re: Wayne E. Bell, Jr., Debtor. Wayne E. Bell, Jr. v. Deborah BellCourt of Appeals for the Second Circuit · 2000
- In Re LevittUnited States Bankruptcy Court, D. Massachusetts · 1992
- Carter v. Peoples Bank & Trust Co. (In Re BNW, Inc.)United States Bankruptcy Court, S.D. Alabama · 1996
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3Cited by4 opinions
- In Re John Douglas SmithCourt of Appeals for the Ninth Circuit · 2000
- In Re QuillenUnited States Bankruptcy Court, D. Maryland · 2009
- Burtch v. Georgia-Pacific Corp. (In Re Allied Digital Technologies Corp.)United States Bankruptcy Court, D. Delaware · 2003
- Ghei v. Federal Deposit Insurance Corp. (In re First Regional Bancorp)District Court, C.D. California · 2016