Legal Opinion

Moffat v. Habberbush (In Re Moffat)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 31, 1990No. BAP No. CC-89-2062-POMe, Bankruptcy No. LA 88-20019-KMPublishedCited by 18 opinions

1Opinion of the Court

OPINION

PERRIS, Bankruptcy Judge:

This appeal concerns the bankruptcy trustee’s objection to the debtor’s claimed exemption in a $190,000 single premium immediate annuity. The bankruptcy court determined that the subject annuity is a matured annuity and not reasonably necessary to support the debtor and his spouse and therefore was not exempt 107 B.R. 255. The debtor appeals from the order. We affirm.

FACTS

The debtor, Gordon H. Moffat (“the debt- or”) is a practicing orthodontist who earns a gross monthly salary of approximately $5,000 and monthly take-home pay of approximately $4,000 from his…

2Cases cited7 opinions

  1. Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  2. Burkhart v. Federal Deposit Insurance Corp. (In Re Burkhart)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  3. In Re MoffatUnited States Bankruptcy Court, C.D. California · 1989
  4. Shmavonian v. Lewis (In Re Lewis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  5. In Re SeyfertUnited States Bankruptcy Court, S.D. California · 1989

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

3Cited by18 opinions

  1. Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
  2. Gonzales v. Davis (In Re Davis)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  3. Canino v. Bleau (In Re Canino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  4. Turner v. Marshack (In Re Turner)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  5. In Re HoppesUnited States Bankruptcy Court, N.D. Ohio · 1996

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

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