Legal Opinion

Cunning v. Rucker (In Re Rucker)

Court of Appeals for the Ninth Circuit

Decided June 26, 2009No. 08-55652, 08-55655PublishedCited by 7 opinions

1Opinion of the Court

GOULD, Circuit Judge:

Facing a civil judgment debt of more than $6.5 million, Lloyd Myles Rucker declared bankruptcy and tried to exempt his assets as belonging to private retirement plans under California Civil Procedure Code (“CPC”) § 704.115. Rucker had previously placed the assets in pension and 401 (k) plans funded by his wholly owned corporations. The bankruptcy court denied the exemption on the explicit ground that Rucker’s retirement plans were not designed and used primarily for retirement purposes. The district court saw it otherwise and reversed this judgment. We conclude, after…

2Cases cited11 opinions

  1. In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc.Court of Appeals for the Ninth Circuit · 1992
  2. In Re ROSEMARY RIFINOCourt of Appeals for the Ninth Circuit · 2001
  3. Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  4. Diaz-Covarrubias v. MukaseyCourt of Appeals for the Ninth Circuit · 2009
  5. In Re Edith Bloom, M.D., Debtor. Edith Bloom, M.D. v. Gilbert Robinson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1988

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3Cited by7 opinions

  1. Wing v. GillisCourt of Appeals for the Tenth Circuit · 2013
  2. Clifford Brace, Jr. v. Steven SpeierCourt of Appeals for the Ninth Circuit · 2020
  3. In re: ANDREW LINTONUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2021
  4. Marin v. SandersCourt of Appeals for the Ninth Circuit · 2009
  5. Marin v. SandersCourt of Appeals for the Ninth Circuit · 2009

2 more not listed; retrieve them via the Exa API.

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