Legal Opinion

Caldwell v. Nelson (In Re Caldwell)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 24, 2016No. BAP NV-15-1074-JuKiD; Bk. 2:14-bk-16024-LEDPublishedCited by 6 opinions

1Opinion of the Court

OPINION

JURY, Bankruptcy Judge:

Chapter 7 1 trustee, Victoria L. Nelson (Trustee), objected to the Nevada homestead exemption in the amount of $550,000 claimed by debtor Patrick Heath Caldwell (Debtor), seeking to limit it to the statutory cap of $155,675 under § 522(p)(l). Trustee argued that Debtor acquired an interest in the homestead property within the meaning of § 522(p)(l) because the property was conveyed by Caldwell Family Investments II, LLC (LLC) to Debtor and his spouse as trustees of the Caldwell Family 1998 Trust (Trust) during the 1215-day period preceding the date of the filing…

2Cases cited15 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. HinksonCourt of Appeals for the Ninth Circuit · 2009
  3. Greene v. SavageCourt of Appeals for the Ninth Circuit · 2009
  4. In Re Andrew Staffer, Debtor, Andrew Staffer v. Robert PredovichCourt of Appeals for the Ninth Circuit · 2002
  5. In Re KaneUnited States Bankruptcy Court, D. Nevada · 2006

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3Cited by6 opinions

  1. In re HewittUnited States Bankruptcy Court, D. Vermont · 2017
  2. In Re Evander Frank KaneDistrict Court, N.D. California · 2024
  3. In Re: Airlux Aircraft, Inc.District Court, C.D. California · 2021
  4. Michael Fadel Abul & Manar Mohammed Hassan El Basha v. Brian D. Shapiro, Chapter 7 TrusteeDistrict Court, D. Nevada · 2025
  5. Robin Linus Lehner and Donya Tina Lehner v. Aliya Growth Fund LLC – Series XDistrict Court, D. Nevada · 2025

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