Legal Opinion

In re Butler

United States Bankruptcy Court, W.D. Wisconsin

Decided May 29, 2012No. 11-15497PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

This case presents the question of whether a limited partner’s interest in real estate can be exempted as being similar to a pension or profitsharing plan under § 522(d)(10)(E) of the Bankruptcy Code. I find that this one can.

The debtor is 42 years old, and has been employed as a cashier at Kwik Trip, Inc. (Kwik Trip) for 16 years. On Bankruptcy Schedule B, she listed a 401(k) retirement plan with Kwik Trip in the amount of $34,597.00, and a “CSI Retirement Savings Plan” (the CSI Plan) at a value of $21,819.00. CSI, short for “Convenience…

2Cases cited10 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Rousey v. JacowaySupreme Court of the United States · 2005
  3. In the Matter of Robert P. Krehl, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1996
  4. Warren v. Taff (In Re Taff)United States Bankruptcy Court, D. Connecticut · 1981
  5. In the Matter of Gerald E. GEISE, Jr., Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993

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3Cited by1 opinion

  1. Carr v. Arellano (In re Arellano)United States Bankruptcy Court, M.D. Pennsylvania · 2015

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