Kennedy v. Pikush (In Re Pikush)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
JELLEN, Bankruptcy Judge:
The bankruptcy court ruled over the objection of James L. Kennedy, trustee in bankruptcy, that three single-premium annuity contracts that the debtor had purchased for cash prior to the date of her Chapter 7 petition were exempt. The trustee appeals. We reverse.
I. FACTS
Before filing her voluntary petition under Chapter 7 of the Bankruptcy Code, debtor sold her non-exempt interest in a real property partnership and realized net cash proceeds of approximately $300,000. Debtor then used $250,000 of these proceeds to purchase three single-premium annuity contracts,…
2Cases cited15 opinions
- United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
- Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
- In Re Herbert L. HOLM, Debtor. Alan WRIGHT, Creditor-Appellee, v. Herbert L. HOLM, Debtor-AppellantCourt of Appeals for the Ninth Circuit · 1991
- Yosh Sakamoto v. Duty Free Shoppers, Ltd.Court of Appeals for the Ninth Circuit · 1985
- In Re HowertonUnited States Bankruptcy Court, N.D. Texas · 1982
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3Cited by21 opinions
- Cates Construction, Inc. v. Talbot PartnersCalifornia Supreme Court · 1999
- Ashford v. Consolidated Pioneer Mortgage (In Re Consolidated Pioneer Mortgage)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- In Re BarnesUnited States Bankruptcy Court, E.D. California · 2002
- Canino v. Bleau (In Re Canino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- Simson v. Burkart (In Re Simpson)Court of Appeals for the Ninth Circuit · 2009
16 more not listed; retrieve them via the Exa API.