Legal Opinion
In Re Audrey E. Noblit, Debtor. James Fox, Successor Trustee v. Arlan Smoker, Husband and Donna Smoker, Wife
Court of Appeals for the Ninth Circuit
Decided December 20, 1995No. 94-16062PublishedCited by 23 opinions
1Opinion of the Court
Opinion by Judge NORRIS.
WILLIAM A. NORRIS, Circuit Judge:
This appeal presents the threshold question whether a creditor has standing to assert the exempt status of a preferentially transferred property as a defense against avoidance. This is a question of law we review de novo. Kupetz v. United States (In re California Trade Technical Sch., Inc.), 923 F.2d 641, 645 (9th Cir.1991).
I
On May 16, 1990, debtor Audrey Noblit filed a homestead exemption for her residence pursuant to Arizona law, and recorded the exemption with the Maricopa County Recorder’s Office. Sometime after May 16, 1990, Noblit…
2Cases cited13 opinions
- Regan v. RossCourt of Appeals for the Second Circuit · 1982
- Lasich v. Estate of Wickstrom (In Re Wickstrom)United States Bankruptcy Court, W.D. Michigan · 1990
- Gilbert v. Osburn (In Re Osburn)United States Bankruptcy Court, S.D. Ohio · 1986
- Matter of RossDistrict Court, N.D. New York · 1982
- William E. Rutledge, Trustee of the Estate of Jackson Mortimer Nafe, a Bankrupt v. C. R. Johansen and Jane JohansenCourt of Appeals for the Tenth Circuit · 1959
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Levine v. VilsackCourt of Appeals for the Ninth Circuit · 2009
- In Re OBrienUnited States Bankruptcy Court, W.D. Michigan · 2011
- Webster v. Hope (In Re Hope)District Court, District of Columbia · 1999
- Leslie Gladstone v. US BancorpCourt of Appeals for the Ninth Circuit · 2016
- Hasse v. Rainsdon (In Re Pringle)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
18 more not listed; retrieve them via the Exa API.