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§ 522(d)(10)(D)

In re Kooi

Mar
22
2016
Ruling
Contingent interests in marital property that arose prepetition and vested postpetition was a property settlement rather than support and not subject to exemption.
Issue(s)
Was trustee entitled to cash payment from former spouse directly to the debtor's bankruptcy estate representing contingent interest in marital property?

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Consumer opinion summary, case decided on March 22, 2016 , LexisNexis #0416-077
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In re Royster

Nov
23
2015
Ruling
Attorney fees awarded to debtor in state court divorce proceeding were not exempt.
Issue(s)
Was debtor entitled to an exemption in an award of attorneys' fees and monthly maintenance in debtor's divorce proceeding?

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Consumer opinion summary, case decided on November 23, 2015 , LexisNexis #1215-048
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In re Green

Feb
19
2010
Ruling
Objection to claimed exemption in child support judgment overruled due to lack of evidence.
Procedural posture

In a chapter 7 case, the trustee filed an objection to the debtor's claimed exemptions under 11 U.S.C.S. § 522(d)(10)(D). The trustee also filed a motion for turnover of payments on account of past due child support.

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Consumer opinion summary, case decided on February 19, 2010 , LexisNexis #0410-116
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DeHart v. Miller (In re Miller)

Feb
05
2010
Ruling
Sum awarded to debtor in divorce was exempt property.
Procedural posture

Debtor filed a petition under chapter 13 and claimed that a payment in the amount of $ 88,500 which a master awarded her in a state-court divorce action was exempt property under 11 U.S.C.S. § 522(d)(10)(D). A law firm that represented the debtor in her divorce action filed a claim for $ 101,908 against the debtor's bankruptcy estate, and the firm and a chapter 13 trustee filed objections to the debtor's exemption claim.

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Consumer opinion summary, case decided on February 05, 2010 , LexisNexis #0410-051
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Mason & Mason v. Korwin (In re Korwin)

Dec
10
2007
Ruling
Proceeds of sale of marital residence were intended for property settlement and could not be exempted.
Procedural posture

The debtor claimed an exemption to proceeds from the sale of her marital residence. An objection was filed. The issue was whether the debtor was entitled to exempt the proceeds from the sale of the marital residence presently held by the chapter 7 trustee under 11 U.S.C. § 522(d)(10)(D).

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Consumer opinion summary, case decided on December 10, 2007 , LexisNexis #0108-043
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