Legal Opinion

In re Gillenwater

United States Bankruptcy Court, W.D. Virginia

Decided September 18, 2012No. 12-71022PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM DECISION

WILLIAM T. STONE, JR., Bankruptcy Judge.

The Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on May 25, 2012. On June 29, 2012, the Debtor filed a Homestead Deed in the Clerk’s Office of the Circuit Court of Wise County, Virginia that claimed the following property as exempt under the Code of Virginia § 34-4, as amended: “Reimbursed money to mother, Joyce Gillenwa-ter, payment made 2/2/12 claimed as exempt $3,000.00.”

On July 25, 2012, the Trustee filed an Objection to Exemption stating that the Debtor was not in possession of the $3,000.00…

2Cases cited32 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
  3. Patterson v. ShumateSupreme Court of the United States · 1992
  4. Owen v. OwenSupreme Court of the United States · 1991
  5. Tavenner v. SmootCourt of Appeals for the Fourth Circuit · 2001

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3Cited by1 opinion

  1. In re SchmittUnited States Bankruptcy Court, E.D. Wisconsin · 2018

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