Legal Opinion

In Re Basil N. Spirtos, Debtor. Basil N. Spirtos v. Irene Moreno

Court of Appeals for the Ninth Circuit

Decided May 11, 1993No. 91-56496PublishedCited by 72 opinions

1Opinion of the Court

FERNANDEZ, Circuit Judge:

Dr. Basil N. Spirtos, Debtor, appeals the Bankruptcy Appellate Panel’s (BAP) decision that Debtor’s interest in two pension plans maintained by Debtor’s medical corporation was not exempt under California law. We conclude that this appeal is not moot, but we vacate the decisions of the bankruptcy court and the BAP regarding exemption and remand the case for a determination of whether the plans are property of the bankruptcy estate.

BACKGROUND FACTS

Debtor was the owner of Montebello Ob-Gyn Medical Group, Inc. In 1975, the corporation established two pension plans.…

2Cases cited9 opinions

  1. Patterson v. ShumateSupreme Court of the United States · 1992
  2. In the Matter of Combined Metals Reduction Company, Debtor (Ten Cases). Irving Bennett v. Paul Gemmill, Trustee, (Four Cases). Irving Bennett v. W. Lamonte Robison, Trustee, (Four Cases). Irving Bennett v. Paul Gemmill, Trustee, Jeremiah Milbank, and Milbank & Co., Irving Bennett, Entrada Industries, Inc. (Wasatch Chemical Division), Charles A. Steen, Individually, Charles A. Steen, as Custodian for His Sons and Heirs, and Charles A. Steen on Behalf of the Steen Foundation v. Paul Gemmill, TrusteeCourt of Appeals for the Ninth Circuit · 1977
  3. In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
  4. Algeran, Inc. v. Advance Ross Corp.Court of Appeals for the Ninth Circuit · 1985
  5. Trans World Airlines, Inc. v. Texaco, Inc. (In Re Texaco, Inc.)District Court, S.D. New York · 1988

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3Cited by72 opinions

  1. In Re Fred Lowenschuss, Debtor. Resorts International, Inc. v. Fred LowenschussCourt of Appeals for the Ninth Circuit · 1995
  2. In Re Cascade Roads, Inc., Debtor. United States of America v. Peter H. Arkison, TrusteeCourt of Appeals for the Ninth Circuit · 1994
  3. In Re Focus Media, Inc., Debtor, Focus Media, Inc. v. National Broadcasting Company Inc. Abc Inc. Paxson Communications Inc.Court of Appeals for the Ninth Circuit · 2004
  4. Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.Court of Appeals for the Ninth Circuit · 1994
  5. Frito-Lay, Inc. v. LTV Steel Co. (In re Chateaugay Corp.)Court of Appeals for the Second Circuit · 1993

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