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IN RE WILLIAMS

BAP No. CC-01-1525-MoKH. Bankruptcy No. SV 01-13240-GM.

280 B.R. 857 (2002)

In re John D. WILLIAMS, Debtor. John D. Williams, Appellant, v. Rosemary Swenson, individually and as Trustee of Marie L. Swenson Living Trust U/T/D; Marie L. Swenson Living Trust U/T/D/; Elizabeth F. Rojas, Chapter 13 Trustee; and Brad D. Krasnoff, Chapter 7 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 11, 2002.

Attorney(s) appearing for the Case

John D. Williams, Oak Park, CA, Pro se.

Mark S. Blackman, Encino, CA, for Rosemary Swenson, individually as Trustee of the Marie L. Swenson Living Trust U/T/D, and the Marie L. Swenson Living Trust U/T/D.

Before MONTALI, KLEIN and HOLMAN, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

Six weeks before appellant John D. Williams ("Debtor") filed bankruptcy, a California state court ruled that he was not entitled to exempt funds in a particular investment account as a "private retirement plan" under California Code of Civil Procedure § 704.115 ("CCP § 704.115"). His appeal of that decision was pending when he filed his bankruptcy.

In bankruptcy, Debtor claimed the same funds as...

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