United States Ninth Circuit

In bankruptcy proceedings in which the trustee filed a complaint claiming that certain money and property belonged to the bankruptcy estate, the bankruptcy appellate panel's rejection of all claims is: 1) reversed in part, where proceeds from the sale of a homestead lost their exempt status under California law; and 2) affirmed in part, where a) rental property and its income was solely owned by the debtor's husband, b) the trustee lacked standing to claim that the husband's inheritance, which was used to purchase the rental property, belonged to the bankruptcy estate from earlier bankruptcy proceedings, and c) judicial and collateral estoppel did not require turnover of the rental property.

Appellate Information

• Decided 04/23/2012
• Published 04/23/2012

Judges

• Farris

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sidney Lanier, Jeffrey T. Vanderveen