In Re Matthew J. Casserino in Re Joani M. Casserino, Debtors, Ronald R. Sticka v. Matthew J. Casserino in Re Joani M. Casserino
Court of Appeals for the Ninth Circuit
1Opinion of the Court
WILLIAM A. FLETCHER, Circuit Judge:
Appellant-trustee Ronald R. Sticka appeals the judgment of the Bankruptcy Appellate Panel (“BAP”) holding that a debt- or’s prepaid rent and security deposit is included in the homestead exemption under Oregon law. We agree with the BAP in all respects and affirm.
I. Background
On November 22, 1999, appellee-debtor Matthew J. Casserino filed a joint Chapter 7 petition with his then-wife. At the time, Casserino was separated from his wife (from whom he is now divorced) and living in an apartment that he leased on a month-to-month basis. Pursuant to the rental…
2Cases cited18 opinions
- In Re Robert Lee White, Dba Aanco Fence Company, Debtor. Cheryl White v. Robert Lee WhiteCourt of Appeals for the Ninth Circuit · 1984
- Banfield v. SchuldermanOregon Supreme Court · 1930
- Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
- Beranek v. BeranekWisconsin Supreme Court · 1902
- Wilkinson v. CarpenterOregon Supreme Court · 1977
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3Cited by21 opinions
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- In Re Cooper Commons, Llc, Debtor, Weinstein, Eisen & Weiss, LLP v. David A. Gill, Chapter 11 Trustee Comerica BankCourt of Appeals for the Ninth Circuit · 2005
- In Re VansickleUnited States Bankruptcy Court, D. Idaho · 2006
- In re YarberUnited States Bankruptcy Court, D. Oregon · 2014
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