Legal Opinion

Klein v. Chappell (In Re Chappell)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 11, 2007No. BAP No. WW-06-1435-RKMo. Bankruptcy No. 04-18810PublishedCited by 21 opinions

1Opinion of the Court

OPINION

RIBLET, Bankruptcy Judge.

We address whether postpetition appreciation of exempt property is to be treated the same under the federal exemption scheme as under a state’s exemption scheme. We conclude that controlling Ninth Circuit authority involving state homestead exemptions, which holds that the bankruptcy estate is entitled to postpe-tition appreciation in excess of the maximum value permitted to be exempted under the statutory authority invoked by the debtor, applies with equal force to exemptions taken under the federal exemption scheme. The factual differences between existing…

2Cases cited30 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  3. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  4. Owen v. OwenSupreme Court of the United States · 1991
  5. White v. StumpSupreme Court of the United States · 1924

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3Cited by21 opinions

  1. Gebhart v. GaughanCourt of Appeals for the Ninth Circuit · 2010
  2. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. In Re OBrienUnited States Bankruptcy Court, W.D. Michigan · 2011
  4. In Re CormierUnited States Bankruptcy Court, W.D. Michigan · 2008
  5. In Re WengerdBankruptcy Appellate Panel of the Sixth Circuit · 2011

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

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