Legal Opinion · Concurrence

Lawrence v. Greenline Equipment, Inc.

Mississippi Supreme Court

Decided June 20, 1996No. 92-CA-01042-SCTPublished

1ConcurrenceBanks, Justice

With deference, I cannot see how the failure to gain a discharge in bankruptcy makes this case moot. The Lawrences claim that the property in question is exempt from execution. The trial court granted summary judgment on the basis that the bankruptcy court had earlier considered the question of exemption and decreed, based on proceedings there, that the Lawrences should be judicially estopped from claiming such an exemption in any judicial proceedings.

The exemption from execution is a state statutory right incorporated into bankruptcy *293proceedings by operation of federal and state law.…

2Cases cited3 opinions

  1. In the Matter of Robert Henry Allen, Jr., and Mary Lou Allen, Debtors. Robert Henry Allen, Jr., and Mary Lou Allen v. Hale County State BankCourt of Appeals for the Fifth Circuit · 1984
  2. Daughtrey v. DaughtreyMississippi Supreme Court · 1985
  3. State Highway Commission v. Charmar, Inc.Mississippi Supreme Court · 1990

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