Legal Opinion
In re Conzelman
United States Bankruptcy Court, D. Montana
Decided January 21, 1987No. Bankruptcy No. 86-20482PublishedCited by 1 opinion
1Opinion of the Court
ORDER
JOHN L. PETERSON, Bankruptcy Judge.
The issue before the Court is whether the Montana exemption statute applicable in a bankruptcy case, codified at Section 31-2-106 MCA (1985), which denies the Debtor an exemption he would be entitled to under the federal bankruptcy statute, 11 U.S.C. § 522(d), is unconstitutional. For the reasons set forth below, the Court holds Section 31-2-106 MCA is constitutional.
On October 9, 1986, the Trustee filed a motion requesting an order from this Court requiring turnover of Worker’s Compensation benefits being received by the Debtor as property of the…
2Cases cited8 opinions
- Perez. v. CampbellSupreme Court of the United States · 1971
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Prudential Insurance v. BenjaminSupreme Court of the United States · 1946
- J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
- In the Matter of Scott Reynolds Sullivan, Debtor-Appellant. United States of America, Intervening-Appellee. In Re Willis Wayne West, Debtor-Appellant. State of Illinois, Intervening-AppelleeCourt of Appeals for the Seventh Circuit · 1982
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3Cited by1 opinion
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993