Citizens National Bank of Evansville v. Foster

SHEPARD, Chief Justice.

Today we revisit the constitutionality of statutes exempting a debtor's property from the pool of assets available to creditors. In Matter of Zumbrun 626 N.E.2d 452 (Ind.1993), we held that the Indiana Constitution requires that the legislature fashion such exemptions in reasonably tangible ways designed to balance the interests of debtors and lenders. This certified question involves application and re-examination of that decision.

I. History of the Case

On November 30, 1998, Carolyn J. Foster and her husband Roland B. Foster, Jr. voluntarily filed a petition for relief…