Legal Opinion

Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)

Court of Appeals for the Ninth Circuit

Decided August 26, 2014No. 12-16087PublishedCited by 40 opinions

1Opinion of the Court

OPINION

BYBEE, Circuit Judge:

Eric Mwangi and Pauline Mwicharo (collectively “the Debtors”) were account holders at Wells Fargo Bank, N.A. When Wells Fargo discovered that the Debtors had filed a voluntary Chapter 7 bankruptcy petition, it placed a “temporary administrative pledge” on the Debtors’ accounts. Wells Fargo then requested instructions from the Chapter 7 trustee regarding the distribution of account funds, a portion of which the Debtors claimed as exempt under Nevada Revised Statutes § 21.090(l)(g).

In this case, we must decide whether the Debtors can state a claim for a willful…

2Cases cited16 opinions

  1. Owen v. OwenSupreme Court of the United States · 1991
  2. Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
  3. Schwab v. ReillySupreme Court of the United States · 2010
  4. Hillis Motors, Inc. v. Hawaii Automobile Dealers' Ass'nCourt of Appeals for the Ninth Circuit · 1993
  5. Eskanos & Adler, P.C. v. Somkiat G. LeetienCourt of Appeals for the Ninth Circuit · 2002

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

3Cited by40 opinions

  1. Eden Place v. Sholem PerlCourt of Appeals for the Ninth Circuit · 2016
  2. Chaille Dubois v. Atlas Acquisitions LLCCourt of Appeals for the Fourth Circuit · 2016
  3. Adam Lee v. Dane FieldCourt of Appeals for the Ninth Circuit · 2018
  4. Mark Dingley v. Yellow Logistics, LLCCourt of Appeals for the Ninth Circuit · 2017
  5. In re WeidenbennerUnited States Bankruptcy Court, S.D. New York · 2014

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

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