Rule 7001

BANKR. RULE 7001

In re Cogliano, 355 B.R. 792 (9th Cir. BAP 2006)

The denial of the debtor’s first amended claim of exemption did not preclude her assertion

in her second claim of exemption that her IRA was not property of the estate. Neither issue

preclusion nor claim preclusion applied, since the issue of property of the estate was not

necessarily decided in the initial exemption decision. Further, the issue of property of the estate

had to be decided by way of an adversary proceeding, not a contested matter.

In re Colortran, Inc., 218 B.R. 507, 510-11(9th Cir. B.A.P. 1997) Bankruptcy court erred by

invalidating absent shipper’s lien without notice and an adversary proceeding in otherwise

uncontested compromise hearing

In re Lyons, 995 F.2d 923 (9th Cir. 1993)

Trustee is required to file a complaint to sell under § 363(h). No authority for granting

approval by motion