Kane

Kane v. Zions Bancorporation, N.A.

Good Law
United States District Court, Northern District of CaliforniaSeptember 29, 20223:21-cv-08209California8,176 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EVANDER FRANK KANE, Case No. 21-cv-08209-WHO

Appellant,

ORDER ON BANKRUTPCY APPEAL

v.

ZIONS BANCORPORATION, N.A., Appellee.

Appellant Evander Frank Kane appeals a bankruptcy court order sustaining in part and overruling in part appellee Zions Bancorporation, N.A. (“Zions”)’s objection to a homestead exemption Kane claimed in his Chapter 7 case.The bankruptcy court’s order is AFFIRMED. First, although Kane was not served with the objection until more than 30 days after the meeting of creditors, Federal Rule of Bankruptcy Procedure 4003(b) does not impose a 30-day deadline for notice. Moreover, Kane was provided timely notice and a meaningful opportunity to respond after the initial hearing date on the objection was continued. Next, the case law supports the application of section 522(p) of the Bankruptcy Code, which limits exemptions in states like California that permit debtors only the exemptions allowable under state law. The section therefore applies to …

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