Legal Opinion

Whatley v. Stijakovich-Santilli (In Re Stijakovich-Santilli)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 15, 2015No. BAP EC-15-1000-FDJu; Bk. 13-33804PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FARIS, Bankruptcy Judge:

INTRODUCTION

Appellant Douglas M. Whatley, Chapter 7 Trustee, appeals from the bankruptcy court’s order overruling his objection to Appellee Rhonda Stijakovich-Santilli’s claim of a homestead exemption. The bankruptcy court held that the Trustee’s objection was untimely. The Trustee argues that the Debtor fraudulently asserted the claim of exemption, so the deadline for his objection was extended under Rule 4003(b)(2) of the Federal Rules of Bankruptcy Procedure. 1 We hold that the bankruptcy court erred as a matter of law by ruling that (1) the Trustee was not…

2Cases cited31 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  5. Dawson v. MarshallCourt of Appeals for the Ninth Circuit · 2009

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3Cited by10 opinions

  1. Ghadimi v. AshaiDistrict Court, C.D. California · 2016
  2. In re CarpenterUnited States Bankruptcy Court, D. Rhode Island · 2016
  3. In re HooverUnited States Bankruptcy Court, D. Massachusetts · 2017
  4. Gary R. Graybill v. Robert E. ThomasCourt of Appeals for the Eleventh Circuit · 2020
  5. In re: Sara AngelesUnited States Bankruptcy Court, C.D. California · 2026

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