In Re: Bradley R. Orton v.
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
ALDISERT, Circuit Judge.
Debtor Bradley Orton appeals from an order by the United States District Court for the Western District of Pennsylvania, which affirmed the United States Bankruptcy Court for the Western District of Pennsylvania’s judgment. Construing the wildcard exemption in 11 U.S.C. § 522(d)(5), those courts held that the Trustee for the Estate, not the Debtor, is entitled to any post-petition appreciation in value of the Estate’s assets that surpasses the dollar amount exempted. The Bankruptcy Court and the District Court reasoned that Orton had exempted only…
2Cases cited12 opinions
- Schwab v. ReillySupreme Court of the United States · 2010
- Kuehner v. Irving Trust Co.Supreme Court of the United States · 1937
- Flomo v. Firestone Nat. Rubber Co., LLCCourt of Appeals for the Seventh Circuit · 2011
- Gebhart v. GaughanCourt of Appeals for the Ninth Circuit · 2010
- In re GravesCourt of Appeals for the Third Circuit · 1994
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3Cited by15 opinions
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- In re BrownUnited States Bankruptcy Court, E.D. Pennsylvania · 2013
- Lepre v. United States Department of Education (In re Lepre)Court of Appeals for the Third Circuit · 2013
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