Legal Opinion

In Re Hively

United States Bankruptcy Court, C.D. Illinois

Decided January 22, 2007No. 06-71374PublishedCited by 2 opinions

1Opinion of the Court

OPINION

MARY P. GORMAN, Bankruptcy Judge.

The issue before the Court is whether a 2001 cargo trailer the Debtors use to haul food and cooking equipment for their catering business is an exempt “tool of the trade.”

The Debtors, Floyd and Carol Hively, filed a petition pursuant to Chapter 7 of the Bankruptcy Code on October 5, 2006. The Debtors operate a grill service which involves preparing food items to be served at social gatherings. The grill service generated income of $19,987 in 2005 and $12,212 in the first nine months of 2006.

In Schedule B — Personal Property, the Debtors listed a “2001…

2Cases cited4 opinions

  1. In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
  2. In Re KingUnited States Bankruptcy Court, N.D. Illinois · 1993
  3. In Re MontanoUnited States Bankruptcy Court, N.D. Illinois · 1989
  4. In Re ZaisUnited States Bankruptcy Court, N.D. Illinois · 1996

3Cited by2 opinions

  1. In re StoneUnited States Bankruptcy Court, C.D. Illinois · 2014
  2. Kelli Denise Allen and Paul Eugene AllenUnited States Bankruptcy Court, D. New Mexico · 2020

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