Legal Opinion

White v. Brown (In Re White)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided April 22, 2008No. BAP No. AZ-07-1385-KPaJu. Bankruptcy No. 05-21488-SSCPublishedCited by 34 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

The appellant sold his Arizona homestead before filing the bankruptcy case in which he claimed the proceeds as exempt, but then did not reinvest them in a new homestead within the eighteen months required by Ariz.Rev.Stat. § 33-1101(C). Instead, he lost the proceeds in stock market trades made without the trustee’s permission and without abandonment of the estate’s interest in the fund. The bankruptcy court ordered turnover of $144,816.96 to the trustee after the temporary exemption expired, ruling that the debtor was not privileged to manage homestead sale…

2Cases cited27 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  4. Searles v. Riley (In Re Searles)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. The Matter Of: Michael Zibman Jamie Bailey Zibman, Debtors. Michael Zibman Jamie Bailey Zibman v. Rodney D. Tow, TrusteeCourt of Appeals for the Fifth Circuit · 2001

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3Cited by34 opinions

  1. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Newman v. Schwartzer (In Re Newman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
  3. Sasso v. Boyajian (Sasso)Bankruptcy Appellate Panel of the First Circuit · 2009
  4. In re: William David Goldstein and Molly K. GoldsteinUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
  5. Calderon v. Lang (In Re Calderon)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014

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

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