Skip to main content
· 7/11/2007

Klein v. Chappell (In Re Chappell)

Citations

  • 373 B.R. 73
  • 2007 Bankr. LEXIS 2572
  • 2007 WL 2200594

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • ruling debtors’ exemption was for dollar amount, not for asset itself and reviewing history of such rulings in Ninth Circuit
  • observing that “[s]uch a motion would either [] force[] the trustee to sell before he might otherwise have preferred or allow[] the debtors to withdraw the property from the estate entirely as being ‘of inconsequential value and benefit to the estate’”
  • “[Exemptions ... are determined on the date of bankruptcy and without reference to subsequent changes in the character or value of the exempt property-”
  • \Whether property is included in a bankruptcy estate is a question of law . . . subject to de novo review.\
  • “critical date for determining exemption rights is the petition date;” “exemptions ... are determined on the date of bankruptcy and without reference to subsequent changes in the character or value of the exempt property”
  • “critical date for determining exemption rights is the petition date;” “exemptions . . . are determined on the date of bankruptcy and without reference to subsequent changes in the character or value of the exempt property”

Source: CourtListener parenthetical corpus (CC0).

Judges: Riblet, Klein, Montali

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.