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Legal Opinion

Alsberg v. Robertson (In re Alsberg)

Court of Appeals for the Ninth Circuit

Decided October 11, 1995No. 94-15085; BAP No. NC-92-2318-JAsOPublishedCited by 30 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

Debtor Terry Alsberg, dba Alsberg Brothers Boatworks, (“Alsberg”) appeals the Bankruptcy Appellate Panel’s (“the BAP”) decision that Alsberg is entitled only to the $45,000 homestead exemption allowed under California law from proceeds from the sale of his residence. Alsberg argued to the BAP that he was additionally entitled to the value of post-bankruptcy-petition appreciation in the value of his residence. The BAP held that such appreciation accrued to the bankruptcy estate.

The BAP had jurisdiction pursuant to 28 U.S.C. § 158(b), and we have jurisdiction pursuant to…

2Cases cited5 opinions

  1. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  2. In Re James E. Johnston, Dba Johnston Enterprises, Debtor. Steelcase Inc. v. James E. Johnston and Unsecured Creditors' CommitteeCourt of Appeals for the Ninth Circuit · 1994
  3. Bankr. L. Rep. P 75,362 in Re William Hall Eleanor Hall, Debtors. James Rigby v. William Hall Eleanor HallCourt of Appeals for the Ninth Circuit · 1993
  4. Bernard v. Coyne (In re Bernard)Court of Appeals for the Ninth Circuit · 1994
  5. In Re William Hall Eleanor Hall, Debtors. James Rigby v. William Hall Eleanor HallCourt of Appeals for the Ninth Circuit · 1994

3Cited by30 opinions

  1. In Re David P. Parker, Sr., Debtor. McClellan Federal Credit Union v. David P. Parker, Sr.Court of Appeals for the Ninth Circuit · 1998
  2. Gebhart v. GaughanCourt of Appeals for the Ninth Circuit · 2010
  3. Laskin v. First National Bank (In Re Laskin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1998
  4. Viet Vu v. Kendall (In Re Viet Vu)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. In Re GreerUnited States Bankruptcy Court, N.D. Ohio · 1999

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