McCarthy
McCarthy v. Goldman
Opinion
Lead Opinion
MEMORANDUM **
Peter T. McCarthy appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) affirmance of the bankruptcy court’s order rejecting his claimed exemptions in patents and other property and its pre-filing order prohibiting further amendments of his claimed exemptions without prior court approval, as well as the BAP’s denial of his motion to stay the bankruptcy court’s decision. We have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.
None of the sections McCarthy cites support his claim that the patents are exempt. California Code of Civil Procedure 704.210 does not apply because patents are subject to enforcement of a money judgment. See Zanetti v. Zanetti, 77 Cal. App.2d 553, 560 , 175 P.2d 603 (1947). The patents are not exempt from enforcement under § 703.030, even if they are exempt from attachment under § 487.020. Also, the BAP correctly held that McCarthy’s reliance on § 487.020 to exempt support *519 payments from his ownership interest in his companies, thereby incorporating prejudgment remedies from attachment into the post-judgment scheme for bankruptcy exemptions, would “make the statutory scheme meaningless.” We also agree with the BAP that…