Legal Opinion

Moldo v. Clark (In Re Clark)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 6, 2001No. BAP No. CC-00-1690-MOPB. Bankruptcy No. SV 96-17254-KLPublishedCited by 43 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

In this case the debtor filed inaccurate schedules showing ownership of non-existent assets and claiming them as exempt. When the trustee attempted to sell unscheduled assets, the debtor convinced the bankruptcy court that those assets were the same as those he had claimed exempt.

Byron Z. Moldo, chapter 7 1 trustee (the “Trustee”), appeals from the Bankruptcy Court’s order denying the Trustee’s motion to sell real property free and clear of the claim of exemption of debtor Robert L. Clark (“Debtor”). The Trustee did not object to Debtor’s claim of exemption…

2Cases cited13 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  3. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  4. Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. Andermahr v. Barrus (In Re Andermahr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983

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3Cited by43 opinions

  1. Simantob v. Claims Prosecutor, LLC (In Re Lahijani)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  2. Goswami v. MTC Distributing (In Re Goswami)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  3. John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
  4. In Re Gulf States Steel, Inc. of AlabamaUnited States Bankruptcy Court, N.D. Alabama · 2002
  5. Morgan-Busby v. Gladstone (In Re Morgan-Busby)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

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

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