From Casetext: Smarter Legal Research

In re Kim

United States Court of Appeals, Ninth Circuit
May 23, 2002
35 F. App'x 592 (9th Cir. 2002)

Summary

holding that "the petition date is the relevant date for determining whether property is property of the estate."

Summary of this case from In re Moreno

Opinion


35 Fed.Appx. 592 (9th Cir. 2002) In re: Jin E. KIM, Debtor. Arturo M. CISNEROS, Chapter 7 Trustee, Appellant, v. Jin E. Kim, Appellee. No. 01-55250. BAP No. CC-00-01123-MoPB. United States Court of Appeals, Ninth Circuit. May 23, 2002

Submitted May 10, 2002 .

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Montali, Perris and Brandt, Bankruptcy Judges, Presiding.

Before KLEINFELD and GRABER, Circuit Judges, and BOLTON, District Judge.

The Honorable Susan Ritchie Bolton, United States District Judge for Arizona, sitting by designation.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

Appellant Arturo M. Cisneros, trustee of Jin E. Kim's Chapter 7 bankruptcy estate, appeals from the Bankruptcy Appellate Panel's determination that the debtor's employee retirement plan funds were fully exempt from the bankruptcy estate under California law. Because the relevant date for determining the status of exemptions is the petition date, we affirm for the reasons stated by the Bankruptcy Appellate Panel in its published opinion in Cisneros v. Kim (In re Kim).

See Little v. Reaves ( In re Reaves), 285 F.3d 1152, 1156 (9th Cir.2002).

257 B.R. 680 (B.A.P. 9th Cir.2000).


Summaries of

In re Kim

United States Court of Appeals, Ninth Circuit
May 23, 2002
35 F. App'x 592 (9th Cir. 2002)

holding that "the petition date is the relevant date for determining whether property is property of the estate."

Summary of this case from In re Moreno

recognizing "long-standing bankruptcy principle that the property of the estate and exemptions are determined as of the petition date"

Summary of this case from Albert-Sheridan v. Golden (In re Albert-Sheridan)
Case details for

In re Kim

Case Details

Full title:In re: Jin E. KIM, Debtor. v. Jin E. Kim, Appellee. Arturo M. CISNEROS…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 23, 2002

Citations

35 F. App'x 592 (9th Cir. 2002)

Citing Cases

In re Flores

We review questions as to whether property is included in a bankruptcy estate also as questions of law…

In re Razzano

The court rejects this highly contrived argument because, among other reasons, the exemption status of the…