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Bankruptcy | Case Law | Rule 7001
BANKR. RULE 7001
In re Cogliano, 355 B.R. 792 (9th Cir. BAP 2006)
The denial of the debtor’s first amended claim of exemption did not preclude her assertion
in her second claim of exemption that her IRA was not property of the estate. Neither issue
preclusion nor claim preclusion applied, since the issue of property of the estate was not
necessarily decided in the initial exemption decision. Further, the issue of property of the estate
had to be decided by way of an adversary proceeding, not a contested matter.
In re Colortran, Inc., 218 B.R. 507, 510-11(9th Cir. B.A.P. 1997) Bankruptcy court erred by
invalidating absent shipper’s lien without notice and an adversary proceeding in otherwise
uncontested compromise hearing
In re Lyons, 995 F.2d 923 (9th Cir. 1993)
Trustee is required to file a complaint to sell under § 363(h). No authority for granting
approval by motion