Collect Access LLC v. Hernandez (In Re Hernandez)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JURY, Bankruptcy Judge.
Appellant-creditor, Collect Access LLC (Collect), levied on funds in chapter 7 1 debtor’s deposit account in the amount of $712.39. Twenty days later, debtor filed his bankruptcy petition and claimed the funds exempt. Debtor sought an ex parte turnover order requiring Collect to surrender the funds. The bankruptcy court found that debtor had an interest in the funds despite the levy and ordered turnover. Collect moved to vacate the turnover order which the bankruptcy court denied. Collect appeals from that order. 2
For the reasons stated, we AFFIRM the bankruptcy…
2Cases cited29 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
- Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co.Supreme Court of the United States · 2007
- In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
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3Cited by18 opinions
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- YBA Nineteen, LLC v. IndyMac Venture, LLC (In re YBA Nineteen, LLC)District Court, S.D. California · 2014
- Edwin Elliott v. Pacific Western BankCourt of Appeals for the Ninth Circuit · 2020
- In re ReisbeckUnited States Bankruptcy Court, D. Montana · 2014
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