Legal Opinion

Drummond v. Urban (In Re Urban)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 29, 2007No. BAP No. MT-07-1059-HBMo, Bankruptcy No. 06-60045-13PublishedCited by 22 opinions

1Opinion of the Court

OPINION

HOLLOWELL, Bankruptcy Judge.

The bankruptcy court issued a final order rejecting the Chapter 13 Trustee’s challenge to the constitutionality of 11 U.S.C. § 522(b)(3) 2 and overruling the Trustee’s objection to the Debtor’s exemption claims based on California law. The Trustee appealed. We AFFIRM.

FACTS

The Debtor, Stanley Vincent Urban (“Debtor”), resided in Montana when he filed a Chapter 13 Petition. Along with his Petition, he fled a Schedule C-Property Claimed as Exempt, listing the following amounts as exempt under Montana law:

Homestead $100,000

Household Goods 600

Wearing Apparel 600

Gu…

2Cases cited17 opinions

  1. Regional Rail Reorganization Act CasesSupreme Court of the United States · 1974
  2. Hanover National Bank v. MoysesSupreme Court of the United States · 1902
  3. Stellwagen v. ClumSupreme Court of the United States · 1918
  4. Railway Labor Executives' Assn. v. GibbonsSupreme Court of the United States · 1982
  5. Mark St. Angelo, Acting U.S. Trustee for Region 17 v. Victoria Farms, Inc.Court of Appeals for the Ninth Circuit · 1994

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3Cited by22 opinions

  1. Susan Brown v. Douglas EllmannCourt of Appeals for the Sixth Circuit · 2017
  2. Sticka v. Applebaum (In Re Applebaum)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  3. In Re GarrettUnited States Bankruptcy Court, S.D. Texas · 2010
  4. In re WestbyUnited States Bankruptcy Court, D. Kansas · 2012
  5. In Re RegevigUnited States Bankruptcy Court, D. Arizona · 2008

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