Legal Opinion

Gonzales v. Davis (In Re Davis)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 31, 2005No. BAP No. CC-04-1333-PKMo, Bankruptcy No. LA 03-15835-ECPublishedCited by 29 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge.

In this case, the bankruptcy trustee objected to debtor’s claim of exemption under California law in her Keogh and Individual Retirement Account (IRA), arguing that they were not necessary for the support of debtor or her dependents in retirement.1 Because we conclude that the bankruptcy court clearly erred in finding that the trustee had not met his burden of proving that the exemption was not properly claimed, we REVERSE.

FACTS

Debtor is an ophthalmologist. In 2002, she and her husband divorced. The dissolution judgment provided for the distribution of various…

2Cases cited10 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
  4. In Re Edith Bloom, M.D., Debtor. Edith Bloom, M.D. v. Gilbert Robinson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1988
  5. Spenler v. Siegel (In Re Spenler)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997

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3Cited by29 opinions

  1. Tyner v. Nicholson (In Re Nicholson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  3. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. In re: Ian Nehemiah Gray and Cynthia Jackson GrayUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. Klein v. Chappell (In Re Chappell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007

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

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