Legal Opinion
In the Matter Of: Fred Lieberman (Deceased) and Florance Lieberman, Debtors. Florance Lieberman v. Robert Hawkins, Chapter 7 Trustee
Court of Appeals for the Ninth Circuit
Decided April 13, 2001No. 00-15006PublishedCited by 30 opinions
1Opinion of the Court
DAVID R. THOMPSON, Circuit Judge:
When Fred Lieberman reached 65 years of age, he sold his business. The buyer agreed, in part, to pay him $13,600 per calendar quarter over a ten-year period for his three-year covenant not to compete. When the sale closed, Lieberman retired.
Several years later, the Liebermans filed a Chapter 7 bankruptcy petition. They contended the quarterly payments were exempt from claims of their creditors, pursuant to California Code of Civil Procedure (Cal.Civ.Proc.Code) § 704.115(a)(1), which provides an exemption for “private retirement plans.” The bankruptcy court…
2Cases cited11 opinions
- In Re WitwerUnited States Bankruptcy Court, C.D. California · 1992
- In Re Edith Bloom, M.D., Debtor. Edith Bloom, M.D. v. Gilbert Robinson, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1988
- Ogle v. HeimCalifornia Supreme Court · 1968
- Schwartzman v. WilshinskyCalifornia Court of Appeal · 1996
- Bankr. L. Rep. P 74,229 in Re Ceferino G. Cheng, Debtor. Ceferino G. Cheng v. David A. Gill, Trustee Kenneth Robert FraserCourt of Appeals for the Ninth Circuit · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Learjet, Inc. v. Oneok, Inc.Court of Appeals for the Ninth Circuit · 2013
- Association Des Eleveurs De Canards Et D'Oies Du Quebec v. HarrisCourt of Appeals for the Ninth Circuit · 2013
- Gabriel Almanza-Arenas v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2015
- In Re BarnesUnited States Bankruptcy Court, E.D. California · 2002
- Association Des Eleveurs v. Rob BontaCourt of Appeals for the Ninth Circuit · 2022
25 more not listed; retrieve them via the Exa API.