Legal Opinion
Burma Jean Martin v. Richard L. Cox
Court of Appeals for the Eighth Circuit
Decided April 10, 1998No. 97-3070PublishedCited by 44 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
Burma Jean Martin appeals from the District Court’s order affirming the Bankruptcy Court’s order denying her a “wild card” exemption under 11 U.S.C. § 522(d)(5) (1994) for her claimed interest in two lawsuits. Because we conclude the Bankruptcy Court incorrectly interpreted section 522(d)(5), we reverse and remand for further proceedings.
Martin filed a Chapter 7 bankruptcy petition, and in July 1996, she filed amended exemptions. As relevant to this appeal, Martin claimed exemptions under section 522(d)(5) for $1,000 and for her interest in two lawsuits. Section…
2Cases cited4 opinions
- Bankr. L. Rep. P 77,477 in Re: Mary Beth Usery, Debtor. Ewing B. Gourley Carol L. Gourley v. Mary Beth Usery Steven Usery James McLeod Trustee, Fred C. Moon, Trustee of the Estate of Mary Beth Usery, Mary Beth Usery Steven Usery James McLeod Trustee of the Shawn Usery Trust and the Stephanie Usery Trust, William Hart, Trustee Under Certain Deeds of Trust v. Ewing B. Gourley Carol L. Gourley E.B.G. Health Care Iii, Inc. E.B.G. Health Care Iv, Inc. Health Care Retirement Village, Inc. Health Care Laundry Services, Inc.Court of Appeals for the Eighth Circuit · 1997
- In re SmithCourt of Appeals for the Seventh Circuit · 1981
- In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987
- In Re GravenCourt of Appeals for the Eighth Circuit · 1991
3Cited by44 opinions
- In Re: Kenneth L. Kaelin, Debtor. Kenneth L. Kaelin v. Daniel Bassett, Patricia Bassett, John v. Labarge, Jr.Court of Appeals for the Eighth Circuit · 2002
- Pummill v. Greensfelder, Hemker & Gale (In Re Richards & Conover Steel, Co.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Brown v. Luker (In Re Zepecki)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- United States v. Krause (In Re Krause)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
- Knudsen v. Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 2009
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