· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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