Loya v. Rapp (In Re Loya)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- Sylvester v. Dow Jones & Co. (In Re Sylvester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Stolrow v. Stolrow's, Inc. (In Re Stolrow's, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Federal Deposit Insurance Corp. v. Wenberg (In Re Wenberg)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- In Re LambertUnited States Bankruptcy Court, D. Utah · 1984
- In Re KingUnited States Bankruptcy Court, D. Oregon · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Nicholes v. Johnny Appleseed of Washington (In Re Nicholes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
- United States v. VerdunnCourt of Appeals for the Eleventh Circuit · 1996
- In Re: James P. Slack, Debtor. James P. Slack v. Wilshire Insurance CompanyCourt of Appeals for the Ninth Circuit · 1999
- Ho v. Dowell (In Re Ho)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
- 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.