Legal Opinion
In Re Phillips
United States Bankruptcy Court, N.D. California
Decided March 17, 1997No. 19-40236PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM DECISION
DENNIS MONTALI, Bankruptcy Judge.
I. Introduction
This case involves a clash of policies, pitting a tradition of generous California exemptions and a liberal attitude in favor of debtors who claim them against the time-honored notion that a person may not enjoy the use of his or her assets through a personal trust that attempts to insulate those assets from the trustor’s creditors. This case also appears to be one of first impression, testing the limits of that liberal exemption policy by asking whether the court will permit debtors to create an exemption all by themselves,…
2Cases cited15 opinions
- Norwest Bank Nebraska, N.A. v. TvetenCourt of Appeals for the Eighth Circuit · 1988
- In Re Alan Bernard, Linda Bernard, Debtors. Alan Bernard, Linda Bernard v. Clement Sheaffer, Mary SheafferCourt of Appeals for the Ninth Circuit · 1996
- Kenneth Maynard Hanson & Lucille Esther Hanson v. First National Bank in Brookings, a CorporationCourt of Appeals for the First Circuit · 1988
- 13 Collier bankr.cas.2d 793, Bankr. L. Rep. P 70,763, 7 Employee Benefits Ca 1096 in Re Howard Douglas Daniel, Debtor. Howard Douglas Daniel, Debtor-Appellant v. Security Pacific National Bank, Commercial Bank of San Francisco, Leasco Capital Corporation, and Capital Reserve Leasing Corporation, Creditors-AppelleesCourt of Appeals for the Ninth Circuit · 1985
- In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- 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
- In Re BarnesUnited States Bankruptcy Court, E.D. California · 2002
- In Re John Douglas SmithCourt of Appeals for the Ninth Circuit · 2000
- In Re RogersUnited States Bankruptcy Court, S.D. California · 1998
- Southern California Permanente Medical Group v. Ehrenberg (In Re Moses)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
9 more not listed; retrieve them via the Exa API.