- 11 U.S.C.
Walsh v. Kelin (In re Kelin)
May
11
2006
Ruling
Debtor was entitled to a portion of proceeds from a lawsuit settlement as compensation for actual pecuniary losses but not as compensation for future earnings lost due to injuries.
Procedural posture
Pursuant to 11 U.S.C. § 522(d)(5), (d)(11)(D) and (d)(11)(E), debtor husband and wife claimed exemptions in a prepetition, personal, and pecuniary injury lawsuit brought by the wife. After the lawsuit was settled, movant chapter 7 trustee sought to determine how much of the settlement proceeds, if any, were to be distributed to debtors in accordance with their allowed exemptions.
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Court
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