Legal Opinion
Bloom v. Robinson (In Re Bloom)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided December 2, 1986No. BAP Nos. CC 86-1352 MoMeV, CC 86-1392 MoMeV, Bankruptcy No. LA 85-12463-CAPublishedCited by 4 opinions
1Opinion of the Court
OPINION
MOOREMAN, Bankruptcy Judge:
This appeal and cross-appeal arise from an order of the bankruptcy court which overruled an objection to the debtor’s exemption of personal earnings and sustained an objection to the debtor’s attempt to exempt a pension and profit sharing plan. We AFFIRM.
ISSUES PRESENTED
1. Are the debtor’s pension and profit sharing plans exempt under California Civil Code of Procedure Section 704.115?
2. Do earnings of a debtor, which have been levied upon by a judgment creditor more than thirty days before the filing of a bankruptcy petition, retain their exempt status as to…
2Cases cited4 opinions
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- In Re Commercial Western Finance Corporation, a California Corporation, Debtor. Bernard J. Brady and Paul L. Disderdick v. Paul B. Andrew, Trustee, Frank B. Amsbaugh v. Paul B. Andrew, Bailey Toplin, Parties-In-Interest v. Commercial Western Finance Corp., Debtor-Appellant. Raymond E. Brooks, Claimants-Appellants v. Paul B. Andrew, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1985
- Begay v. United StatesCourt of Appeals for the Ninth Circuit · 1985
- 13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1985
3Cited by4 opinions
- In Re Edith Bloom, M.D., Debtor. Edith Bloom, M.D. v. Gilbert Robinson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1988
- Shuman v. McDonald (In Re Shuman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
- In Re HurdleDistrict Court, D. California · 1999
- In Re UllmanUnited States Bankruptcy Court, D. Montana · 1990