§ 522(d)(11)

Spak, In re

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.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on July 30,2021, LexisNexis #0921-059

Hychko, In re

Ruling: 
Trustee's objection overruled as he failed to prove that debtor's exemptions in the settlementproceeds were not properly claimed. (Bankr. D. Me.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-085

Wigger, In re

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.)
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Consumer case opionion summary, case decided on January 10,2019, LexisNexis #0619-061

In re Rhodes

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.
Ruling: 
Debtor could not newly assert exemption not raised in original Schedule C.
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Consumer case opionion summary, case decided on May 30,2013, LexisNexis #0713-009

In re Phillips

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).
Ruling: 
"Double" personal injury exemptions claimed by debtor disallowed.
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Consumer case opionion summary, case decided on December 27,2012, LexisNexis #0113-083

In re Graves

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.
Ruling: 
Debtor could not claim exemption in settlement proceeds of spouse's loss of consortium claim.
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Consumer case opionion summary, case decided on January 24,2012, LexisNexis #0212-114

In re Holstien

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).
Ruling: 
Trustee's motion for stay pending appeal denied where argument that workers' compensation award was not exempt was not likely to succeed.
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Consumer case opionion summary, case decided on October 11,2011, LexisNexis #1111-010

In re Keenan

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.
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.
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Consumer case opionion summary, case decided on January 07,2011, LexisNexis #0211-018

In re Meyer

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.
Ruling: 
Debtor entitled to exemption in annuity resulting from auto accident settlement.
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Consumer case opionion summary, case decided on August 25,2010, LexisNexis #0910-076

In re Shumac

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).
Ruling: 
Trustee could challenge exemption in personal injury recovery to the extent not related to prior injury or pecuniary loss.
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Consumer case opionion summary, case decided on March 04,2010, LexisNexis #0510-118

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