Legal Opinion

In re Hill

United States Bankruptcy Court, D. Arizona

Decided November 15, 2018No. Case No: 2:18-bk-07595-DPCPublished

1Opinion of the Court

Daniel P. Collins, Bankruptcy Judge

The question before this Court is an issue of first impression: are pet insurance proceeds exempt under Arizona law and, if so, is the exemption limited to the Debtor's claimed value of the pet? This Court reads A.R.S. § 33-1126(5) to exempt the pet insurance proceeds described below. This Court does not read A.R.S. § 33-1125(3) to limit the amount of the insurance proceeds exemption to the value of the pet. Finally, the Court finds 11 U.S.C. § 522(g) does not preclude the Debtor's claimed exemption in the subject pet insurance proceeds even though the…

2Cases cited6 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
  3. Diaz v. Kosmala (In Re Diaz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2016
  4. Adam Lee v. Dane FieldCourt of Appeals for the Ninth Circuit · 2018
  5. Garcia v. Garcia (In Re Garcia)District Court, D. Arizona · 1994

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