Rizal Juco Guevarra

Good Law
United States Bankruptcy Court, Eastern District of CaliforniaJune 7, 202118-25306California4,976 words

Opinion

Trial Court Opinion

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF CALIFORNIA 3 In re: ) Case No. 18-25306-B–7 ) RIZAL JUCO GUEVARRA, ) DC No. BHS-4 ) ) Debtor(s). ) ________________________________) 7 MEMORANDUM DECISION1 9 This case involves application of the principle that “when a 10 debtor claims a state-created exemption, the exemption’s scope is 11 determined by state law, which may provide that certain types of 12 debtor misconduct warrant denial of the exemption.” Law v. 13 Siegel, 571 U.S. 415, 425 (2014) (emphasis in original). More 14 precisely, the issue before the court is whether the debtor’s 15 “wild card” exemption claimed under California Code of Civil 16 Procedure § 703.140(b)(5) should be disallowed on the basis of 17 equitable estoppel.2 18 19 20 1Oral argument will not assist in the decision-making 21 process or resolution of this matter. See Local Bankr. R. 9014-1(h), 1001-1(f). The court will therefore decide this matter on the papers. The court has reviewed and…

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