Legal Opinion

Checkett v. Sutton (In Re Sutton)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 16, 2007No. 06-6059WDPublishedCited by 13 opinions

1Opinion of the Court

McDONALD, Bankruptcy Judge.

Chapter 7 Trustee, J. Kevin Checkett, appeals from the order of the bankruptcy court1 overruling Trustee’s objection to Debtors’ claim of exemption of the full market value of a 1999 Dodge Truck. We affirm.

I

Debtors, Andy and Kerri Sutton, purchased a 1999 Dodge Truck (the “Vehicle”). Jimmy Richardson, the father of Kerri, loaned Debtors $7,000.00 to finance Debtors’ purchase of the Vehicle, (the “Loan”). Debtors did not execute a written promissory note in favor of Richardson outlining their obligation under the Loan. In fact, there are no written documents…

2Cases cited12 opinions

  1. In Re: Deborah Alice Neal, Debtor, Deborah Alice Neal Unnamed Creditor, No. 1 Unnamed Creditor, No. 2 Unnamed Creditor No. 3 v. The Kansas City StarCourt of Appeals for the Eighth Circuit · 2006
  2. In the Matter of Robert Charles Shelton, Edwin J. Gasaway, Trustee in Bankruptcy v. Raymond ErwinCourt of Appeals for the Eighth Circuit · 1973
  3. Patrice Diane Greer v. St. Louis Regional Medical Center, Also Known as St. Louis Connectcare, Also Known as ConnectcareCourt of Appeals for the Eighth Circuit · 2001
  4. In Re: Mary Jo Hixon, Debtor. Fred Charles Moon, Chapter 7 Trustee v. Mark R. Anderson, Mary Jo HixonCourt of Appeals for the Eighth Circuit · 2004
  5. Bradley v. K & E INVESTMENTS, INC.Missouri Court of Appeals · 1993

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3Cited by13 opinions

  1. Seaver v. New Buffalo Auto Sales, LLC (In Re Hecker)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
  2. In re: Steven John Wharton and Josephina Jessie WhartonUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  3. Vantage Investments, Inc. v. Loc Nguyen Corp. (In Re Vantage Investments, Inc.)United States Bankruptcy Court, W.D. Missouri · 2008
  4. Sullivan v. Welsh (In Re Lumbar)United States Bankruptcy Court, D. Minnesota · 2011
  5. In re ChambersUnited States Bankruptcy Court, N.D. Iowa · 2017

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