Legal Opinion
Gose v. McGranahan (In Re Gose)
United States Bankruptcy Appellate Panel for the Ninth Circuit
Decided March 18, 2004No. BAP No. EC-03-1373-MOBR, Bankruptcy No. 01-92463-A-7PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MONTALI, Bankruptcy Judge.
The debtors appeal an order sustaining the Chapter 7 trustee’s objection to their claim of exemption. We AFFIRM and publish to explain the application of California’s exemption of personal injury causes of action.
I
FACTS
The facts of this case are not in dispute. Prior to filing bankruptcy on June 15, 2001, Debtor Karri Gose (“Ms. Gose” or, collectively with her husband Paul Gose, Jr., “Debtors”) was the plaintiff in a state court medical malpractice lawsuit. When Debtors filed their chapter 7 2 petition, they claimed the medical malpractice cause of action as…
2Cases cited8 opinions
- Jodoin v. Samayoa (In Re Jodoin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1997
- Cisneros v. Kim (In Re Kim)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- In Re SmithUnited States Bankruptcy Court, E.D. California · 1990
- Cisneros v. KimCourt of Appeals for the Ninth Circuit · 2002
- Haaland v. Corporate Management, Inc.District Court, S.D. California · 1989
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3Cited by4 opinions
- Queen v. TA Operating, LLCCourt of Appeals for the Tenth Circuit · 2013
- Lenore Albert v. Jeffrey GoldenCourt of Appeals for the Ninth Circuit · 2021
- In re Val James Simon and Katherine Lois SimonDistrict Court, C.D. California · 2019
- Louie Esquivel SalazarUnited States Bankruptcy Court, C.D. California · 2022