Legal Opinion

Rooz v. Kimmel (In Re Kimmel)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided November 8, 2007No. BAP No. NC-07-1152-DMkK, Bankruptcy No. 93-33089, Adversary No. 06-03169PublishedCited by 18 opinions

1Opinion of the Court

OPINION

DUNN, Bankruptcy Judge.

This appeal turns on the meaning of the community property discharge under 11 U.S.C. § 524(a)(3). 1 The bankruptcy court ruled that the community property discharge entered in the case of one spouse forever discharged the entire community from then-existing community claims and that after-acquired community property could not later be liable for such a claim, notwithstanding a subsequent judgment against the non-filing spouse in his separate individual capacity. Because this conclusion was correct and rendered irrelevant all of the appellant creditor’s theories…

2Cases cited10 opinions

  1. Harold W. McClellan v. Bobbie Darrell CantrellCourt of Appeals for the Seventh Circuit · 2000
  2. Fajardo v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 1999
  3. Ventress v. Japan AirlinesCourt of Appeals for the Ninth Circuit · 2007
  4. Lone Star Security & Video, Inc. v. Gurrola (In Re Gurrola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  5. Burman v. Homan (In Re Homan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990

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3Cited by18 opinions

  1. Heilman v. Heilman (In Re Heilman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  2. Meadows v. Hagler (In Re Meadows)United States Bankruptcy Court, N.D. Georgia · 2010
  3. In Re JonesUnited States Bankruptcy Court, D. Montana · 2008
  4. Desert Pine Villas Homeowners Ass'n v. Kabiling (In Re Kabiling)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  5. Daniel v. Del Valle (In re Del Valle)United States Bankruptcy Court, C.D. California · 2017

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

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