In re Apsitis

61 F.3d 909 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re John APSITIS, fdba Jonik Corporation, 3 Caballeros Inc., A.S.P. Enterprises Inc., and Prerogatives, Inc., Debtor. John APSITIS, Plaintiff-Appellant, v. Carolyn DYE, Chapter 7 Trustee, Defendant-Appellee. No. 93-56469. United States Court of Appeals, Ninth Circuit. Submitted April 17, 1995. * Decided July 19, 1995. Before: BROWNING, BOOCHEVER, and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 John Apsitis purchased an annuity, written by Prudential Insurance Company of America, in the amount of $128,000 ("the Prudential Annuity"), approximately five months before declaring bankruptcy. He then claimed an exemption in the Prudential Annuity under Cal. Civ. Proc. Code Secs. 704.100 and 704.115. The bankruptcy court denied the exemption, and the district court affirmed. We agree that Apsitis is not entitled to claim an exemption in the annuity, and we affirm. DISCUSSION 3 I. No Exemption under Cal. Civ. Proc. Code…