Legal Opinion

Jerald James JOHNSTON, Debtor-Appellant, v. Gary BARNEY, Trustee-Appellee

Court of Appeals for the Tenth Circuit

Decided March 28, 1988No. 84-2453PublishedCited by 22 opinions

1Opinion of the Court

SAFFELS, District Judge.

The debtor in this Chapter 7 bankruptcy proceeding, Jerald James Johnston, claimed an exemption under Wyoming law for his 1967 half-ton pickup truck, which he uses for transportation to and from his job as a waiter at a restaurant in Jackson, Wyoming. The trustee, Gary Barney, objected to the exemption, contending that under the Wyoming statute, the pickup truck was not “a motor vehicle ... used and kept for the purpose of carrying on” a trade or business. On stipulated and uneontested facts, the bankruptcy judge denied the exemption. The district judge affirmed the…

2Cases cited12 opinions

  1. Credithrift of America, Inc. v. Meyers (In Re Meyers)United States Bankruptcy Court, E.D. Michigan · 1980
  2. Pellish Bros. v. CooperWyoming Supreme Court · 1934
  3. In Re LangleyUnited States Bankruptcy Court, D. Maine · 1982
  4. First Hardin National Bank v. Damron (In Re Damron)United States Bankruptcy Court, W.D. Kentucky · 1980
  5. Maricle v. Home Federal Savings & Loan Ass'n (In Re Maricle)United States Bankruptcy Court, N.D. Texas · 1982

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

3Cited by22 opinions

  1. Gregory v. Zubrod (In Re Gregory)Bankruptcy Appellate Panel of the Tenth Circuit · 2000
  2. Hodes v. Jenkins (In Re Hodes)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
  3. Royal v. Pancratz (In Re Pancratz)District Court, D. Wyoming · 1994
  4. In re WollerUnited States Bankruptcy Court, W.D. Wisconsin · 2012
  5. Kwiecinski v. Community First National Bank of Powell (In Re Kwiecinski)Bankruptcy Appellate Panel of the Tenth Circuit · 2000

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

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