Legal Opinion

In Re Schena

United States Bankruptcy Court, D. New Mexico

Decided October 14, 2010No. 19-10428PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION IN SUPPORT OF ORDER SUSTAINING HIGH DESERT STATE BANK’S OBJECTION TO DEBTORS’ EXEMPTION

JAMES S. STARZYNSKI, Bankruptcy Judge.

Before the Court is the objection of High Desert State Bank (“Creditor”) (doc 48) to Debtors’ claimed exemption of a checking account holding military retirement funds. This is a core proceeding dealing with the exemptions of a debtor. 28 U.S.C. § 157(b)(2)(B). The parties agreed that the Court would decide the issue based upon pleadings and memoran-da (doc 85). For the reasons set forth below, the Court sustains the Creditor’s objection to the…

2Cases cited34 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  3. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  4. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  5. Patterson v. ShumateSupreme Court of the United States · 1992

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3Cited by1 opinion

  1. In re McFarlandUnited States Bankruptcy Court, S.D. Georgia · 2012

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