Legal Opinion · Concurrence
Dominion Bank of the Cumberlands, Na v. James R. Nuckolls Judy M. Nuckolls
Court of Appeals for the Fourth Circuit
Decided December 18, 1985No. 85-1012Published
1ConcurrenceWalter E. Hoffman, District Judge
Although I agree that the majority opinion correctly applies the current law of bankruptcy exemptions, I feel compelled to comment on the state of that law. This area of the law is, in a word, imperfect. And, while perfection may be impossible to obtain in bankruptcy legislation as in all other human endeavors, one would have expected the Bankruptcy Reform Act of 1978 (“the BRA”)1 to have produced a more rational exemption scheme than is now operating throughout this country.
Section 522 of the BRA, its exemption provision, is in many ways an odd creation. The section reflects conflicting…
2Cases cited17 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Hanover National Bank v. MoysesSupreme Court of the United States · 1902
- In Re Lamar Barclay Pine, Sr., and Shirlene Tucker Pine, Debtors. Melvin Giles and Wanda Giles, Debtors v. Credithrift of America, Inc.Court of Appeals for the Sixth Circuit · 1983
- Oliver Reginald Cheeseman and Isabelle Cheeseman v. Erwin B. Nachman, in Re Oliver Reginald Cheeseman and Isabelle Cheeseman, DebtorsCourt of Appeals for the Fourth Circuit · 1981
- In the Matter of Thomas Yale McManus and Betty Sue Smith McManus Bankrupts. Thomas Yale McManus and Betty Sue Smith McManus v. Avco Financial Services of Louisiana, Inc., in the Matter of Wallace Gipson and Bobbie Phenix Gipson, Bankrupts. Blazer Financial Services, Inc., Creditor/appellant v. Wallace Gipson and Bobbie Phenix Gipson, Debtors/appelleesCourt of Appeals for the Fifth Circuit · 1982
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