Legal Opinion

In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appellee

Court of Appeals for the Ninth Circuit

Decided August 11, 1999No. 97-55117PublishedCited by 109 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

Appellant-debtor Nell Carter filed for personal bankruptcy under Chapter 7. In her bankruptcy schedules she claimed that a check for $43,260.58 received from her subchapter S corporation constituted employee earnings under California Civil Procedure Code (“C.C.P.”) § 706.011 and was therefore exempt from inclusion in the bankruptcy estate under C.C.P. § 704.070(b). The bankruptcy court sustained the trustee’s objection to Carter’s claimed exemption, and a divided panel of the Ninth Circuit Bankruptcy Appellate Panel affirmed. We reverse and remand for further…

2Cases cited14 opinions

  1. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  2. Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
  3. S. G. Borello & Sons, Inc. v. Department of Industrial RelationsCalifornia Supreme Court · 1989
  4. Tieberg v. Unemployment Ins. App. Bd.California Supreme Court · 1970
  5. Elliotts, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1983

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

3Cited by109 opinions

  1. Kelley v. Locke (In Re Kelley)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Tyner v. Nicholson (In Re Nicholson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. Elliott v. Weil (In Re Elliott)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  4. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  5. Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009

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

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