Kipperman v. Proulx (In Re Burns)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Lungren v. DeukmejianCalifornia Supreme Court · 1988
- Delaney v. Superior CourtCalifornia Supreme Court · 1990
- Bowland v. Municipal CourtCalifornia Supreme Court · 1976
- Krieger v. Nick Alexander Imports, Inc.California Court of Appeal · 1991
- Rossi v. BrownCalifornia Supreme Court · 1995
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3Cited by8 opinions
- Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- PALACIO DEL MAR HOMEOWNERS ASSN., INC. v. McMahonCalifornia Court of Appeal · 2009
- Caldwell v. Nelson (In Re Caldwell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
- Miller v. Snavely (In Re Snavely)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
- In re: Richard James SwintekUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
3 more not listed; retrieve them via the Exa API.