Legal Opinion

In Re Jones

United States Bankruptcy Court, D. Kansas

Decided January 25, 2011No. 19-20421PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER DENYING TRUSTEE’S OBJECTION TO PROPERTY CLAIMED AS EXEMPT

ROBERT D. BERGER, Bankruptcy Judge.

The Chapter 7 Trustee objects to Debtors’ claimed exemption of a final annuity payment Debtor Ricky Joe Jones is to receive as part of a Federal Employers Liability Act (FELA) 1 claim settlement (Doc. No. 52). This matter constitutes a core proceeding over which this Court has jurisdiction. 2

The Court finds the proceeds of the FELA settlement are exempt under 11 U.S.C. § 522(d)(10).

Findings of Fact

Debtors filed their Chapter 7 petition on April 26, 2001. Debtors claim one…

2Cases cited16 opinions

  1. Hisquierdo v. HisquierdoSupreme Court of the United States · 1979
  2. Consolidated Rail Corporation v. GottshallSupreme Court of the United States · 1994
  3. Rousey v. JacowaySupreme Court of the United States · 2005
  4. Gillman v. Ford (In Re Ford)Court of Appeals for the Tenth Circuit · 2007
  5. In Re Robert Leroy Vickers and Betty Jean Vickers, Debtors. J. Kevin Checkett, Trustee v. Robert Leroy Vickers Betty Jean VickersCourt of Appeals for the Eighth Circuit · 1992

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3Cited by3 opinions

  1. In re AubryUnited States Bankruptcy Court, C.D. California · 2016
  2. Walsh v. Bosack (In Re Bosack)United States Bankruptcy Court, W.D. Pennsylvania · 2011
  3. In re: Lana Kay PaggenUnited States Bankruptcy Court, D. Colorado · 2025

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