Legal Opinion

Carpenter v. Ries (In Re Carpenter)

Court of Appeals for the Eighth Circuit

Decided July 30, 2010No. 16-2984PublishedCited by 29 opinions

1Opinion of the Court

RILEY, Chief Judge.

Todd Carpenter received a lump sum payment from the Social Security Administration (SSA). Shortly thereafter, Carpenter filed for bankruptcy relief under Chapter 7. Carpenter claimed the social security payment was exempt and should not be included in his bankruptcy estate, relying on 42 U.S.C. § 407 (“[N]one of the moneys paid ... under this [Social Security Act] shall be subject to ... the operation of any bankruptcy or insolvency law.”). The bankruptcy Trustee, Charles W. Ries (Trustee), objected to the exemption, and the bankruptcy court sustained the Trustee’s…

2Cases cited15 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Patterson v. ShumateSupreme Court of the United States · 1992
  3. Rousey v. JacowaySupreme Court of the United States · 2005
  4. In the Matter of Roger Burnett Treadwell, Debtor. James D. Walker, Jr., Trustee v. Roger Burnett Treadwell, and Regina TaylorCourt of Appeals for the Eleventh Circuit · 1983
  5. United States v. Janice E. DevallCourt of Appeals for the Eleventh Circuit · 1983

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3Cited by29 opinions

  1. Anderson v. Cranmer (In Re Cranmer)Court of Appeals for the Tenth Circuit · 2012
  2. S. Beaulieu, Jr. v. Benjamin RagosCourt of Appeals for the Fifth Circuit · 2012
  3. Fink v. Thompson (In Re Thompson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010
  4. In re FranklinUnited States Bankruptcy Court, C.D. Illinois · 2014
  5. In Re ArlenUnited States Bankruptcy Court, W.D. Missouri · 2011

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

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