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 MorenoOpinion
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NOT FOR PUBLICATION.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.
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).