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Legal Opinion

In Re Rogers

United States Bankruptcy Court, S.D. California

Decided June 18, 1998No. 19-00646PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM DECISION

PETER W. BOWIE, Bankruptcy Judge.

Debtor is a very sympathetic individual with multiple medical problems which have rendered her effectively disabled. During the decline she incurred substantial medical bills. However, she was able to maintain her home and substantial non-exempt equity in it. Shortly before bankruptcy, she borrowed against the non-exempt portion of the equity in her home (the amount in excess of consensual liens plus the allowed homestead exemption), and put the proceeds in a Providian Life and Health Insurance Annuity.

Upon filing bankruptcy under Chapter 7,…

2Cases cited5 opinions

  1. In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
  2. Schwartzman v. WilshinskyCalifornia Court of Appeal · 1996
  3. Kennedy v. Pikush (In Re Pikush)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1993
  4. Bankr. L. Rep. P 74,229 in Re Ceferino G. Cheng, Debtor. Ceferino G. Cheng v. David A. Gill, Trustee Kenneth Robert FraserCourt of Appeals for the Ninth Circuit · 1991
  5. In Re PhillipsUnited States Bankruptcy Court, N.D. California · 1997

3Cited by17 opinions

  1. In the Matter Of: Fred Lieberman (Deceased) and Florance Lieberman, Debtors. Florance Lieberman v. Robert Hawkins, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 2001
  2. In Re BarnesUnited States Bankruptcy Court, E.D. California · 2002
  3. In Re John Douglas SmithCourt of Appeals for the Ninth Circuit · 2000
  4. In Re LudwigUnited States Bankruptcy Court, D. Colorado · 2006
  5. Res-Ga Gold, LLC v. Cherwenka (In re Cherwenka)United States Bankruptcy Court, N.D. Georgia · 2014

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