Legal Opinion
Leech v. Nichols (In Re Nichols)
United States Bankruptcy Court, E.D. Michigan
Decided June 25, 1980No. 19-41303PublishedCited by 27 opinions
1Opinion of the Court
OPINION
HAROLD H. BOBIER, Bankruptcy Judge.
These three cases, consolidated for the purposes of the trial of a common issue, raise the question as to whether or not the debtors are entitled to claim as exempt property, under 11 U.S.C. § 522, wage hold- backs and income tax refunds. The position of the trustee is that the answer should be to the negative. The debtors each assert a contrary position. For the reasons outlined below, and with the limitations stated, the court is of the opinion that the position of the debtors is the correct one.
FINDINGS OF FACT
Defendants Nichols and Edson filed for…
2Cases cited5 opinions
- Segal v. RochelleSupreme Court of the United States · 1966
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- Lines v. FrederickSupreme Court of the United States · 1970
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Henry Fournier v. Miriam G. Rosenblum, Trustee, in the Matter of Henry Fournier, D/B/A Henry's Men's Wear, BankruptCourt of Appeals for the First Circuit · 1963
3Cited by27 opinions
- In re SmithCourt of Appeals for the Seventh Circuit · 1981
- In the Matter of Philip A. Smith, Jr., Jeffery Stephen Pierce and Mary Kathryn Pierce and Jerry L. Montie Lamb and Claire Barnstead Lamb, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1981
- Krupp, Meyers & Hoffman v. Doyle (In Re Laird)United States Bankruptcy Court, E.D. Pennsylvania · 1980
- Eagan v. Household Finance Corp. (In Re Eagan)United States Bankruptcy Court, N.D. New York · 1982
- In Re RashUnited States Bankruptcy Court, D. Kansas · 1982
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