Legal Opinion
Bernard v. Coyne (In re Bernard)
Court of Appeals for the Ninth Circuit
Decided November 21, 1994No. 93-55255PublishedCited by 19 opinions
1Opinion of the Court
KOZINSKI, Circuit Judge.
This bankruptcy case presents both a procedural and a substantive question: first, whether objections to a debtor’s claimed exemptions were timely under Bankruptcy Rule 4003(b); and second, whether a fully matured annuity policy is exempt under California law.
*1030I
On October 7, 1991, Alan and Linda Bernard filed for relief under Chapter 7 of the Bankruptcy Code. Among the assets they claimed as exempt were $5000 in recently earned wages and a $250,000 annuity policy. As part of a process that has come to be known as pre-petition planning, the Bernards had extracted most of…
2Cases cited5 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
- In Re PaytonUnited States Bankruptcy Court, W.D. Texas · 1987
- Kennedy v. Pikush (In Re Pikush)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
- In Re Gordon H. MOFFAT, Debtor. Gordon H. MOFFAT, Appellant, v. David Richard HABERBUSH, AppelleeCourt of Appeals for the Ninth Circuit · 1992
3Cited by19 opinions
- Alsberg v. Robertson (In re Alsberg)Court of Appeals for the Ninth Circuit · 1995
- Klein v. Chappell (In Re Chappell)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Nieves Guzmán v. Rentas (In re Nieves Guzmán)Bankruptcy Appellate Panel of the First Circuit · 2017
- Chubb & Son, Inc. v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In Re BrownUnited States Bankruptcy Court, M.D. Florida · 1998
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