In re Gilman

Good Law
2016 WL 154827·2016 Bankr. LEXIS 96·544 B.R. 184
United States Bankruptcy Court, Central District of CaliforniaJanuary 12, 2016Case No.: 1:11-bk-11603-VKCalifornia6,085 words

Opinion

Lead Opinion

Kaufman, J.

*187 MEMORANDUM DECISION

On February 7, 2011, Kevan Harry Gil-man (“Debtor”) filed a voluntary chapter 7 petition. On August 4, 2011, Debtor filed his amended schedule C, in which he claimed an enhanced disability exemption in his homestead pursuant to CaLCode of Civ. Proc. (“CCP”) § 704.730 [doc. 35]. On July 17, 2012, Tammy R. Phillips and Tammy R. Phillips, a Prof. Law Corp. (“Creditors”), filed an objection to Debtor’s claim of an enhanced disability homestead exemption (the “Objection”) [doc. 73].

From July 24, 2015 to July 29, 2015, the Court conducted an evidentiary hearing for this matter.

For the reasons set forth below, the Court will sustain the Objection and enter a judgment for Creditors based upon the following findings of fact and conclusions of law made pursuant to Federal Rule of Civil Procedure 52(a), as incorporated into Federal Rules of Bankruptcy Procedure 7052 and 9014(c).

I. BACKGROUND

A. Debtor’s Relevant Employment History

1. Pre-Petition Employment

Debtor has been a licensed and practicing attorney for over 30 years. 2 Beginning in 1997, Debtor started a business called Lien Medical, at the time a sole proprietorship. Exhibit 2. 3 Lien Medical…

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