Legal Opinion
In Re Ward
United States Bankruptcy Court, E.D. Virginia
Decided June 24, 1997No. 19-10277PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM OPINION
STEPHEN S. MITCHELL, Bankruptcy Judge.
A hearing was held in open court on May 20, 1997, on (a) the chapter 7 trustee’s amended motion for turnover of property of the estate, and (b) the debtors’ motion to compel return of exempt property. The issue raised by the competing motions appears to be one of first impression: specifically, is the trustee required to pay the debtors their exemption when the debtors have failed to turn over property of equal or greater value to the trustee?
The trustee argues that he is entitled to set off the exempt funds in his possession against the…
2Cases cited18 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- 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
- Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
- In Re ContiUnited States Bankruptcy Court, E.D. Virginia · 1985
- Commerce Union Bank v. Haffner (In Re Haffner)United States Bankruptcy Court, M.D. Tennessee · 1981
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
- Sexton v. Department of Treasury (In re Sexton)United States Bankruptcy Court, W.D. Virginia · 2014
- Addison v. United States Department of Agriculture (In re Addison)United States Bankruptcy Court, W.D. Virginia · 2015
- Bierbach v. Brooks (In Re Brooks)United States Bankruptcy Court, M.D. Pennsylvania · 2008
- In Re Camellia Food Stores, Inc.United States Bankruptcy Court, E.D. Virginia · 2002
8 more not listed; retrieve them via the Exa API.