Narrative Opinion Summary
Arturo M. Cisneros, as trustee of Jin E. Kim’s Chapter 7 bankruptcy estate, appeals a decision from the Bankruptcy Appellate Panel which ruled that the debtor's employee retirement plan funds are fully exempt from the bankruptcy estate under California law. The court affirms this determination, stating that the relevant date for assessing exemptions is the petition date. The affirmation relies on the rationale provided by the Bankruptcy Appellate Panel in its opinion in Cisneros v. Kim. Additionally, the disposition is not to be published and cannot be cited in future cases, except as permitted by Ninth Circuit Rule 36-3.
Legal Issues Addressed
Exemption of Retirement Plan Funds in Bankruptcysubscribe to see similar legal issues
Application: The court confirms that under California law, the debtor's employee retirement plan funds are fully exempt from the bankruptcy estate.
Reasoning: The court affirms this determination, stating that the relevant date for assessing exemptions is the petition date.
Non-Publication and Citation of Judicial Opinionssubscribe to see similar legal issues
Application: The disposition of this case is not published and may only be cited in accordance with specific rules, limiting its precedential impact.
Reasoning: Additionally, the disposition is not to be published and cannot be cited in future cases, except as permitted by Ninth Circuit Rule 36-3.
Relevant Date for Assessing Bankruptcy Exemptionssubscribe to see similar legal issues
Application: The court identifies the petition date as the critical point in time for evaluating exemptions in bankruptcy proceedings.
Reasoning: The court affirms this determination, stating that the relevant date for assessing exemptions is the petition date.