Legal Opinion

In Re Cook

United States Bankruptcy Court, S.D. Ohio

Decided February 4, 2009No. 07-35539PublishedCited by 5 opinions

1Opinion of the Court

Decision Granting in Part and Denying in Part the Chapter 7 Trustee’s Objection to Debtor’s Exemptions

GUY R. HUMPHREY, Bankruptcy Judge.

The central issue in this contested matter is whether funds held by the Debtor, on the petition date, either directly deposited in bank accounts or received by the Debtor as a federal tax refund and subsequently deposited in bank accounts are exempt under Ohio law when the undisputed origin of those funds are federal veteran benefits and Ohio Public Employee Retirement System (“OPERS”) disability benefits that would be exempt in their original state. 1

I.…

2Cases cited18 opinions

  1. Kokoszka v. BelfordSupreme Court of the United States · 1974
  2. Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
  3. Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
  4. Daugherty v. Central Trust Co.Ohio Supreme Court · 1986
  5. In Re Ryd WALLERSTEDT and Colleen Wallerstedt, Debtors. Ryd WALLERSTEDT and Colleen Wallerstedt, Appellees, v. David A. SOSNE, Trustee, AppellantCourt of Appeals for the Eighth Circuit · 1991

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3Cited by5 opinions

  1. In re McFarlandUnited States Bankruptcy Court, S.D. Georgia · 2012
  2. In Re WoodUnited States Bankruptcy Court, S.D. Ohio · 2011
  3. In re MaineUnited States Bankruptcy Court, S.D. Ohio · 2011
  4. In Re SparksUnited States Bankruptcy Court, S.D. Ohio · 2009
  5. Bryan Peter FernandesUnited States Bankruptcy Court, N.D. Mississippi · 2019

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