IN RE DIENER

BAP No. CC-12-1093-KiNoPa. Bankruptcy No. 10-10042-RR.

483 B.R. 196 (2012)

In re Stephanie A. DIENER, Debtor. Stephanie A. Diener, Appellant, v. Sandra K. McBeth, Chapter Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 21, 2012.


Attorney(s) appearing for the Case

Janet Audrey Lawson, Esq. , for appellant, Stephanie A. Diener.

David Y. Farmer, Esq. of Farmer & Ready, for appellee, Sandra K. McBeth, Chapter 7 Trustee.

Before: KIRSCHER, NOVACK, and PAPPAS, Bankruptcy Judges.


OPINION

KIRSCHER, Bankruptcy Judge.

Appellant, chapter 72 debtor Stephanie Diener ("Diener"), appeals an order from the bankruptcy court disallowing her claimed exemption for retirement funds she asserted constituted "spousal support" under CAL.CODE CIV. PROC. ("CCP") § 703.140(b)(10)(D). Although the bankruptcy court applied an incorrect standard of law, such error was harmless...

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