Legal Opinion

Kipperman v. Proulx (In Re Burns)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 3, 2003No. BAP Nos. SC-02-1020-MaRyP, SC-02-1048-MaRyP. Bankruptcy No. 99-33191-B7. Adversary No. 01-90355PublishedCited by 8 opinions

1Opinion of the Court

AMENDED OPINION

MARLAR, Bankruptcy Judge.

INTRODUCTION

The chapter 7 trustee (“Trustee”) has appealed the bankruptcy court’s summary judgment in favor of a judgment creditor, who served an Order to Appear for Examination (“ORAP”) on the judgment debtor and thus created a lien on his nonexempt personal property, under California law. Trustee maintains that the judgment creditor was required to serve a third-party ORAP because the property — a $150,000 settlement in federal district court litigation — was still in the possession of the payor United States of America (“United States”) at the time.…

2Cases cited17 opinions

  1. Lungren v. DeukmejianCalifornia Supreme Court · 1988
  2. Delaney v. Superior CourtCalifornia Supreme Court · 1990
  3. Bowland v. Municipal CourtCalifornia Supreme Court · 1976
  4. Krieger v. Nick Alexander Imports, Inc.California Court of Appeal · 1991
  5. Rossi v. BrownCalifornia Supreme Court · 1995

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3Cited by8 opinions

  1. Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. PALACIO DEL MAR HOMEOWNERS ASSN., INC. v. McMahonCalifornia Court of Appeal · 2009
  3. Caldwell v. Nelson (In Re Caldwell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. Miller v. Snavely (In Re Snavely)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  5. In re: Richard James SwintekUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015

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