Legal Opinion

In Re Davis

United States Bankruptcy Court, D. South Dakota

Decided January 13, 1999No. 19-50032PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION, RE: HEAD OF FAMILY EXEMPTION

IRVIN N. HOYT, Chief Judge.

The matter before the Court is the Trustee’s objection to Debtor’s claim of exemptions as a head of a family under S.D.C.L. § 43-45-4 (1998). This is a core proceeding under 28 U.S.C. § 157(b)(2). This Memorandum of Decision and accompanying Order shall constitute the Court’s findings and conclusions under F.R.Bankr.P. 7052. As set forth below, the Court concludes that the Trustee’s objection must be sustained and that Debtor is not a head of family under S.D.C.L. § 43-45-4.

I

Debtor Linda K. Davis is married. She…

2Cases cited11 opinions

  1. In Re Ryd WALLERSTEDT and Colleen Wallerstedt, Debtors. Ryd WALLERSTEDT and Colleen Wallerstedt, Appellees, v. David A. SOSNE, Trustee, AppellantCourt of Appeals for the Eighth Circuit · 1991
  2. Armstrong v. Peterson (In re Peterson)Court of Appeals for the Eighth Circuit · 1990
  3. Noyes v. BeldingSouth Dakota Supreme Court · 1894
  4. Armstrong v. Harris (In re Harris)Court of Appeals for the Eighth Circuit · 1989
  5. Linander v. LongstaffSouth Dakota Supreme Court · 1895

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3Cited by1 opinion

  1. In Re HughesUnited States Bankruptcy Court, D. South Dakota · 1999

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