Legal Opinion

In RE LeCLAIR

United States Bankruptcy Court, D. Massachusetts

Decided May 19, 2011No. 17-12968PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON CHAPTER 7 TRUSTEE’S OBJECTION TO EXEMPTIONS

MELVIN S. HOFFMAN, Bankruptcy Judge.

The Chapter 7 trustee has objected to the debtors’ claimed exemptions in a vehicle and to Ms. LeClair’s claimed exemption in certain retirement assets. The debtors oppose. After a nonevidentiary hearing on the objection, the parties submitted memo-randa of law. The trustee challenged the debtors’ claimed exemptions in a 2004 Dodge Durango because they failed to provide documentation to establish that the automobile was jointly owned. The trustee asserted that only one of the debtors could…

2Cases cited3 opinions

  1. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999
  2. Trucken v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1939
  3. In Re SlossUnited States Bankruptcy Court, D. Massachusetts · 2002

3Cited by5 opinions

  1. In re ByrneUnited States Bankruptcy Court, D. New Jersey · 2015
  2. Running v. Miller (In re Miller)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  3. Andrew Lancos, Jr. and Carol Ann LancosUnited States Bankruptcy Court, W.D. Pennsylvania · 2022
  4. Terri A. Running v. Joseph Matthias MillerUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
  5. Terri Running v. Joseph MillerCourt of Appeals for the Eighth Circuit · 2015

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