- 11 U.S.C.
Spak, In re
Jul
30
2021
Ruling
Debtor was not entitled to exemption for expense of replacing automobile because trustee haddemonstrated that funds were not reasonably necessary for support of debtor or anydependent of debtor. (Bankr. D.N.J.)
Issue(s)
Exemptions; Types of Exempt Property; Compensation for Losses; Loss of Future
ABI Membership is required to access the full summary of Spak, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Hychko, In re
May
14
2019
Ruling
Trustee's objection overruled as he failed to prove that debtor's exemptions in the settlementproceeds were not properly claimed. (Bankr. D. Me.)
Issue(s)
Exemptions; Types of Exempt Property; Compensation for Losses; Bodily Injury
ABI Membership is required to access the full summary of Hychko, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wigger, In re
Jan
10
2019
Ruling
Debtor's exemption claims disallowed where assets within the individual retirement accountthat his son looted comprised past not future earnings. (Bankr. W.D. Mich.)
Issue(s)
Exemptions; Types of Exempt Property; Compensation for Losses.
ABI Membership is required to access the full summary of Wigger, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Rhodes
May
30
2013
Ruling
Debtor could not newly assert exemption not raised in original Schedule C.
Procedural posture
Debtor filed her voluntary petition under chapter 7 of the United States Bankruptcy Code, 11 U.S.C.S. § 101 et seq. The Trustee objected to the debtor's claimed exemption in a personal injury suit (first objection). The Trustee was allowed to employ special counsel to handle the personal injury claim. The bankruptcy court approved a stipulation settling the Trustee's first objection. The Trustee objected to the debtor's fourth amended Schedule C.
ABI Membership is required to access the full summary of In re Rhodes Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Phillips
Dec
27
2012
Ruling
"Double" personal injury exemptions claimed by debtor disallowed.
Procedural posture
Chapter 7 trustee filed a motion to disallow two personal injury exemptions claimed by chapter 7 debtor under 11 U.S.C.S. § 522(d)(11)(D).
ABI Membership is required to access the full summary of In re Phillips Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Graves
Jan
24
2012
Ruling
Debtor could not claim exemption in settlement proceeds of spouse's loss of consortium claim.
Procedural posture
A standing chapter 13 trustee objected to an amended claim of exemptions filed by the chapter 13 debtors. The trustee objected to the claim filed by the debtor wife for an exemption under 11 U.S.C.S. § 522(d)(11)(D) for a loss of consortium claim relating to a pre-petition automobile accident involving only the debtor husband.
ABI Membership is required to access the full summary of In re Graves Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Holstien
Oct
11
2011
Ruling
Trustee's motion for stay pending appeal denied where argument that workers' compensation award was not exempt was not likely to succeed.
Procedural posture
Pursuant to Fed. R. Bankr. P. 8005, a Chapter 7 trustee filed a motion for a stay pending appeal of the court's order denying the trustee's objection to the debtors' claim of exemption with respect to the debtor husband's workers' compensation redemption payment under 11 U.S.C.S. § 522(d)(11)(E).
ABI Membership is required to access the full summary of In re Holstien Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Keenan
Jan
07
2011
Ruling
Debtor's right of action for abuse by Catholic priest that occurred when he was a minor was not exempt absent evidence of bodily injury.
Procedural posture
Chapter 7 trustee objected to the debtors' claim of exemption under 11 U.S.C.S. § 522(d)(11)(D) in an asset described as personal injury claims against representatives of Catholic Church in Minnesota.
ABI Membership is required to access the full summary of In re Keenan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Meyer
Aug
25
2010
Ruling
Debtor entitled to exemption in annuity resulting from auto accident settlement.
Procedural posture
The chapter 7 trustee objected to the debtor's claimed exemption in an annuity under 11 U.S.C.S. § 522(d)(11)(E). Both parties moved for summary judgment on the issue.
ABI Membership is required to access the full summary of In re Meyer Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Shumac
Mar
04
2010
Ruling
Trustee could challenge exemption in personal injury recovery to the extent not related to prior injury or pecuniary loss.
Procedural posture
A trustee objected to the debtors' claim of an exemption to any amounts that could be collected from an auto accident, arguing that the personal bodily injury referred to in 11 U.S.C.S. § 522(d)(11)(D) had to be permanent, and amended his objection to include that amounts attributable to pain and suffering or consortium damages were not exemptible. The debtors' moved to dismiss the amended objection as untimely under Fed. R. Bankr. P. 4003(b)(1).
ABI Membership is required to access the full summary of In re Shumac Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: