Legal Opinion
Andermahr v. Barrus (In Re Andermahr)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided May 23, 1983No. BAP No. EC-82-1233, Bankruptcy No. 281-00437PublishedCited by 45 opinions
1Opinion of the Court
HUGHES, Bankruptcy Judge:
This appeal presents three bankruptcy exemption issues arising in a contest between a Chapter 7 debtor and the trustee in bankruptcy.
The trial court ruled on two of the three, holding that: (1) a non-specific claim of exemption such as “other assets of petitioner” is without effect and (2) a debtor is not entitled to the exemption of a tax refund if, when he omitted to claim the refund exempt in his original schedules, he should have known of the forthcoming refund.
The trial court did not rule on the third issue, raised by the debtor’s request for leave to amend his…
2Cases cited3 opinions
- Doan v. HudginsCourt of Appeals for the Eleventh Circuit · 1982
- In the Matter of Arthur Gershenbaum, Bankrupt. Appeal of Arthur GershenbaumCourt of Appeals for the Third Circuit · 1979
- Jones v. Burgess (In Re Burgess)United States Bankruptcy Court, M.D. Tennessee · 1979
3Cited by45 opinions
- Frederick C. Lucius and Carliss Jean Lucius, Debtors-Appellants v. John C. McLemore Trustee-AppelleeCourt of Appeals for the Sixth Circuit · 1984
- Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re ColvinUnited States Bankruptcy Court, E.D. Michigan · 2003
- In Re MillerUnited States Bankruptcy Court, D. Massachusetts · 1990
- Moldo v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
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