Legal Opinion

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

Decided August 16, 2004No. 03-35257PublishedCited by 21 opinions

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

  1. In Re Robert Lee White, Dba Aanco Fence Company, Debtor. Cheryl White v. Robert Lee WhiteCourt of Appeals for the Ninth Circuit · 1984
  2. Banfield v. SchuldermanOregon Supreme Court · 1930
  3. Fleischhauer v. BILSTAD, GRAY ET UXOregon Supreme Court · 1963
  4. Beranek v. BeranekWisconsin Supreme Court · 1902
  5. Wilkinson v. CarpenterOregon Supreme Court · 1977

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3Cited by21 opinions

  1. Hopkins v. Cerchione (In Re Cerchione)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. In re: Robert A. Alexander and Gloria J. AlexanderUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
  3. 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
  4. In Re VansickleUnited States Bankruptcy Court, D. Idaho · 2006
  5. In re YarberUnited States Bankruptcy Court, D. Oregon · 2014

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

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