Legal Opinion

Calderon v. Lang (In Re Calderon)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 28, 2014No. BAP AZ-13-1273-KuDPa; Bankruptyc 4:12-bk-16880-EWHPublishedCited by 13 opinions

1Opinion of the Court

OPINION

KURTZ, Bankruptcy Judge.

INTRODUCTION

In his chapter 7 1 bankruptcy case, debt- or Amado Calderon claimed as exempt his former family residence. Chapter 7 trustee Beth Lang objected to Calderon’s homestead exemption claim because, at the time of Calderon’s bankruptcy filing, Calderon no longer was living at the residence, nor was he storing his personal possessions there. Instead, Calderon was living elsewhere and renting out the residence.

The bankruptcy court sustained the trustee’s objection and disallowed Calderon’s homestead exemption claim, opining that Arizona law did not permit…

2Cases cited32 opinions

  1. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994
  2. In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
  3. Brownfield v. City of YakimaCourt of Appeals for the Ninth Circuit · 2010
  4. Wolfe v. Jacobson (In Re Jacobson)Court of Appeals for the Ninth Circuit · 2012
  5. Christian Legal Society Chapter of University of California v. WuCourt of Appeals for the Ninth Circuit · 2010

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3Cited by13 opinions

  1. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  2. In re TallericoUnited States Bankruptcy Court, E.D. California · 2015
  3. In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015
  4. ARTHUR BENSON MOOREUnited States Bankruptcy Court, D. Arizona · 2019
  5. Childs v. GladstoneDistrict Court, S.D. California · 2019

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

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