Legal Opinion

Loya v. Rapp (In Re Loya)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided February 11, 1991No. BAP No. CC-89-1950-OJP, Bankruptcy No. LAX 89-50903-AAPublishedCited by 43 opinions

1Opinion of the Court

OPINION

OLLASON, Bankruptcy Judge:

The bankruptcy court concluded that certain malpractice claims, though time-barred under the applicable statute of limitations, should be considered in determining whether the aggregate unsecured debts exceed the $100,000.00 limitation imposed by 11 U.S.C. § 109(e). The court dismissed the case and debtor appealed. We reverse and remand.

I. FACTS

Debtor was a professional tax preparer who occasionally advised his clients regarding tax shelters. In 1983 and 1984 he suggested to 86 of his clients that they invest in a certain aggressive tax shelter. That shelter…

2Cases cited11 opinions

  1. Sylvester v. Dow Jones & Co. (In Re Sylvester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
  2. Stolrow v. Stolrow's, Inc. (In Re Stolrow's, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  3. Federal Deposit Insurance Corp. v. Wenberg (In Re Wenberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  4. In Re LambertUnited States Bankruptcy Court, D. Utah · 1984
  5. In Re KingUnited States Bankruptcy Court, D. Oregon · 1981

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

3Cited by43 opinions

  1. Nicholes v. Johnny Appleseed of Washington (In Re Nicholes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. United States v. VerdunnCourt of Appeals for the Eleventh Circuit · 1996
  3. In Re: James P. Slack, Debtor. James P. Slack v. Wilshire Insurance CompanyCourt of Appeals for the Ninth Circuit · 1999
  4. Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  5. Barcal v. Laughlin (In Re Barcal)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997

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

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