Knupfer v. Wolfberg (In Re Wolfberg)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
PERRIS, Bankruptcy Judge.
The chapter 11 1 trustee appeals the bankruptcy court’s order overruling the trustee’s objection to debtors’ claim of a homestead exemption. The issue is whether debtors are entitled to a homestead exemption when they did not claim it before confirmation of their chapter 11 plan and their plan provided that creditors would be paid with the proceeds of the sale of their home. Applying res judicata, we conclude that debtors are barred from claiming a homestead exemption in light of the confirmed chapter 11 plan and therefore REVERSE.
FACTS
Debtors filed a chapter…
2Cases cited14 opinions
- In Re: Robert McKnight Pardee Darlene Daigle-Pardee, Debtors. Great Lakes Higher Education Corporation v. Robert McKnight Pardee Darlene Daigle-PardeeCourt of Appeals for the Ninth Circuit · 1999
- Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Anaheim Savings & Loan Ass'n v. Evans (In Re Evans)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
- Great Lakes Higher Education Corp. v. Pardee (In Re Pardee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
- Heritage Hotel Ltd. Partnership I v. Valley Bank of Nevada (In Re Heritage Hotel Partnership I)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
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3Cited by21 opinions
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- Baldwin v. Citigroup, Inc. (In Re Baldwin)District Court, M.D. Alabama · 2004
- In Re Roots Rents, Inc.United States Bankruptcy Court, D. Idaho · 2009
- Ladd v. Ries (In Re Ladd)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
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