Legal Opinion
Simson v. Burkart (In Re Simpson)
Court of Appeals for the Ninth Circuit
Decided February 23, 2009No. 07-15626, EC-06-01198-DMoPaPublishedCited by 23 opinions
1Opinion of the Court
OPINION
THOMAS, Circuit Judge:
Debtor Bruce Simpson claims that his single-premium annuity is exempt property. His bankruptcy trustee objected to the exemption, the bankruptcy court sustained the objection, and the Bankruptcy Appellate Panel (“BAP”) affirmed. We conclude that, under the circumstances presented by the case, the annuity does not qualify as exempt property, either as life insurance or as a private retirement account, and we affirm.
I
Simpson paid his bankruptcy attorney, who also sells financial products, $10,000 for the purchase of a single-premium annuity known as the Keyport…
2Cases cited15 opinions
- Mejia v. ReedCalifornia Supreme Court · 2003
- In Re Lorna Kaye Nys, Debtor, Educational Credit Management Corporation v. Lorna Kaye NysCourt of Appeals for the Ninth Circuit · 2006
- 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
- Yaesu Electronics Corp. v. TamuraCalifornia Court of Appeal · 1994
- 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
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re: Barron D. Parks and Linda R. ParksUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re PasheneeUnited States Bankruptcy Court, E.D. California · 2015
- In re: Robert A. Alexander and Gloria J. AlexanderUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- In re: Herbert M. Zukerkorn Jennifer ZukerkornUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- Pinnacle Restaurant At Big Sky, LLC v. CH SP Acquisitions, LLCCourt of Appeals for the Ninth Circuit · 2017
18 more not listed; retrieve them via the Exa API.