Legal Opinion

Sheehan v. Peveich

Court of Appeals for the Fourth Circuit

Decided July 24, 2009No. 08-2202, 08-2204, 08-2205, 08-2206, 08-2207, 08-2208, 08-2209, 08-2210PublishedCited by 29 opinions

1Opinion of the Court

Affirmed by published opinion. Senior District Judge HOWARD wrote the opinion, in which Chief Judge TRAXLER and Judge AGEE joined.

OPINION

HOWARD, Senior District Judge:

The question in these cases is whether the Supremacy Clause renders invalid state property exemptions that apply only in bankruptcy actions. Construing West Virginia Code § 38-10-4, the bankruptcy court held that such exemptions are not rendered invalid by the Supremacy Clause. We affirm that judgment.

I

We have before us consolidated appeals from eight bankruptcy cases filed by debtors domiciled in West Virginia. In each of the…

2Cases cited12 opinions

  1. Wisconsin Public Intervenor v. MortierSupreme Court of the United States · 1991
  2. J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
  3. In the Matter of Andrew Kanter and Carole Kanter, Bankrupts. Andrew R. Kanter and Carole Kanter v. Richard M. Moneymaker, TrusteeCourt of Appeals for the Ninth Circuit · 1974
  4. In Re CrossUnited States Bankruptcy Court, N.D. Indiana · 2000
  5. In Re VaskoUnited States Bankruptcy Court, N.D. Ohio · 1980

7 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Richardson v. Schafer (In Re Schafer)Court of Appeals for the Sixth Circuit · 2012
  2. Sticka v. Applebaum (In Re Applebaum)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  3. E.M.A. Ex Rel. Plyler v. CanslerCourt of Appeals for the Fourth Circuit · 2012
  4. Thomas J. McFarland v. A. Stephenson WallaceCourt of Appeals for the Eleventh Circuit · 2015
  5. Richardson v. Schafer (In Re Schafer)Bankruptcy Appellate Panel of the Sixth Circuit · 2011

24 more not listed; retrieve them via the Exa API.

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