In Re Tomasso

MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is (1) whether the proceeds from a post-petition personal injury settlement are exempt property; if not (2) whether the proceeds classify as disposable income; and (3) the extent to which the proceeds should be turned over to the Chapter 13 trustee or any surcharge imposed upon the debtors.

The debtors claim that the settlement proceeds are exempt property, and that the proceeds are reasonably necessary to be expended for the support of the debtors and their dependents.

Creditor Aetna Finance Company (“Aet-na”) claims that the…