United States Ninth Circuit

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Phillips v. Gilman, 16-55436

Affirming in part and vacating in part the district court judgment affirming a bankruptcy court's orders in an adversarial proceeding in which the bankruptcy court held that a chapter 7 debtor was entitled to a homestead exemption because granting jurisdiction wasn't fundamentally inconsistent with precedent that such a decision was final, the grant of the motion for relief from judgment for excusable neglect was not an abuse of discretion, but holding that the court erred in concluding that the debtor had established his claim to the exemption because it made no determination about whether they intended to continue residing on the property.

Appellate Information

  • Decided
  • Published 2018/04/13




  • United States Ninth Circuit