Legal Opinion
Williams v. Swenson (In Re Williams)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided July 11, 2002No. BAP No. CC-01-1525-MoKH. Bankruptcy No. SV 01-13240-GMPublishedCited by 4 opinions
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
Six weeks before appellant John D. Williams (“Debtor”) filed bankruptcy, a California state court ruled that he was not entitled to exempt funds in a particular investment account as a “private retirement plan” under California Code of Civil Procedure § 704.115 (“CCP § 704.115”). His appeal of that decision was pending when he filed his bankruptcy.
In bankruptcy, Debtor claimed the same funds as exempt under the same state law theory. The bankruptcy court sustained an objection to the claim of exemption in reliance on the prior state court decision, even though…
2Cases cited21 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Raleigh v. Illinois Department of RevenueSupreme Court of the United States · 2000
- In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000
- Pavelich v. McCormick, Barstow, Sheppard, Wayte & Carruth LLP (In Re Pavelich)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
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3Cited by4 opinions
- Lopez v. Emergency Service Restoration, Inc. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Odd-Bjorn Huse v. Huse-Sporsem, A.S. (In Re Birting Fisheries, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
- In Re GreenfieldUnited States Bankruptcy Court, S.D. California · 2003
- In Re ZambreUnited States Bankruptcy Court, D. Massachusetts · 2004