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IN RE RUCKER

Nos. 08-55652, 08-55655.

570 F.3d 1155 (2009)

In the Matter of Lloyd Myles RUCKER, Debtor, Ronald A. Cunning, Appellant, v. Lloyd Myles Rucker, Appellee. In the Matter of Lloyd Myles Rucker, Debtor, Lloyd Myles Rucker, Appellee-Cross-Appellant, v. Ronald A. Cunning, Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2009.

Attorney(s) appearing for the Case

Kyra E. Andrassy and Evan D. Smiley, Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP, Costa Mesa, CA, for the appellants/cross-appellees.

Mark Bradshaw, Shulman Hodges & Bastian LLP, Foothill Ranch, CA, for the appellee/cross-appellant.

Before: B. FLETCHER, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

GOULD, Circuit Judge:

Facing a civil judgment debt of more than $6.5 million, Lloyd Myles Rucker declared bankruptcy and tried to exempt his assets as belonging to private retirement plans under California Civil Procedure Code ("CPC") § 704.115. Rucker had previously placed the assets in pension and 401(k) plans funded by his wholly owned corporations. The bankruptcy court denied the exemption on the explicit ground that Rucker's retirement plans were not designed...

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