In Re Flattery

MEMORANDUM OF DECISION ON TRUSTEE’S OBJECTION TO EXEMPTIONS

MELVIN S. HOFFMAN, Bankruptcy Judge.

This matter came before me on the Chapter 7 trustee’s objection to the debtors’ scheduled exemption of a claim by the debtor, Francine Anne Flattery, against her former employer. Following oral argument the parties submitted memoranda of law. In their memorandum the debtors waived Mr. Flattery’s asserted exemption under 11 U.S.C. § 522(d)(5). Remaining at issue are Ms. Flattery’s claimed exemp tions under 11 U.S.C. § 522(d)(5), (d)(ll)(D) and (d)(ll)(E).

Background

The debtors filed a joint voluntary…