Childs

Childs v. Gladstone

Good Law
United States District Court, Southern District of CaliforniaOctober 1, 20193:17-cv-00408California3,738 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 17cv408-JAH (BLM) MATTHEW J. CHILDS, Bankruptcy No. 15-05416-LA7 12 Appellant, ORDER VACATING THE v. BANKRUPTCY COURT’S RULING AND REMANDING FOR FURTHER LESLIE T. GLADSTONE, Chapter 7 PROCEEDINGS Trustee, Appellee. 17 INTRODUCTION Appellant Matthew Childs (“Claimant” or “Appellant”) appeals the Feb 13, 2017 order of the United States Bankruptcy Court sustaining the United States’ Trustee, Leslie T. Gladstone’s (“the Trustee”) objection to Child’s claim for exemption in a purported retirement account. The order was issued after an evidentiary hearing in which the Bankruptcy Court ruled because Claimant did not provide information, pursuant to 11 U.S.C. §521(4), he failed to carry his burden of proof to show that the funds in the SWS Group…

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