Recent 9th Circuit Appellate cases
Posted: Wed May 05, 2010 1:04 pm
The In Re Appelbaum decision in Hale's e-mail (actual cite is 422 B.R. 684) is interesting reading. There has been some dicsussion on the listserve about the bankruptcy judge in Arizona who has found California's bankruptcy exemption statute (CCP 703.140) invalid. The Appelbaum case is a BAP decision from last December affirming the ruling of an Oregon bankruptcy judge sustaining California's exemptions against an attack by a Chapter 7 Trustee. However there was a dissenting opinion by Judge Markell in which he states that he would strike down CCP 703.140 as violating the Supremacy Clause. That feels too close for comfort!
Does anyone know if the Oregon Trustee has appealed this to the Ninth Circuit? This sure sounds like the kind of case the Supreme Court would be interested in hearing if a petition for cert was filed? Professor Hayes?
Jim
James R. Selth
Weintraub & Selth, APC
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E-Mail: jim@wsrlaw.net
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