Legal Opinion

In Re: Susan E. Wick, Debtor. John R. Stoebner, Trustee-Appellant v. Susan E. Wick Teaching Temps, Inc. Nichols Kaster & Anderson, Claimants-Appellees

Court of Appeals for the Eighth Circuit

Decided January 9, 2002No. 01-1312MNPublishedCited by 52 opinions

1Opinion of the Court

RICHARD S. ARNOLD, Circuit Judge.

The trustee in bankruptcy appeals the District Court’s decision that Susan Wick, the debtor, is entitled to the entire amount of proceeds from stock options that were not yet vested when she filed for Chapter 7 bankruptcy. The District Court held that the options were fully exempted, and that, in any event, the trustee’s failure to object to the exemption within 30 days barred the estate from receiving the proceeds. We reverse. We hold that Ms. Wick exempted the options only partially. The estate is therefore entitled to the part of the options’ value that is…

2Cases cited5 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Allen v. Levey (In Re Allen)United States Bankruptcy Court, N.D. Illinois · 1998
  3. In Re: Westpointe, L.P., a Missouri Partnership, Doing Business as Westpointe Apartments, Debtor. Northwest Village Limited Partnership Grandview Hills Limited Partnership Parkridge Apartments Limited Partnership Lamplite Limited Partnership Westpointe Limited Partnership, Debtors v. William E. Franke Gannon Management Company of Missouri Prairie Properties, L.L.C., Creditors - Northwest Village Limited Partnership Grandview Hills Limited Partnership Parkridge Apartments Limited Partnership Lamplite Limited Partnership Westpointe Limited Partnership, Debtors v. Prairie Properties, l.l.c.,creditor - Cynthia McNeill Interested Party - Susman, Schermer, Rimmel & Shifrin, Movant - William E. Franke Gannon Management Company of Missouri, CreditorsCourt of Appeals for the Eighth Circuit · 2001
  4. Stoebner v. Wick (In Re Wick)District Court, D. Minnesota · 2001
  5. Stoebner v. Wick (In Re Wick)United States Bankruptcy Court, D. Minnesota · 2000

3Cited by52 opinions

  1. Schwab v. ReillySupreme Court of the United States · 2010
  2. In Re: Daryl Lee Vote, Debtor. Wayne Drewes, as Bankruptcy Trustee v. Daryl Lee VoteCourt of Appeals for the Eighth Circuit · 2002
  3. Barroso-Herrans v. Lugo-MenderCourt of Appeals for the First Circuit · 2008
  4. Parks v. DittmarCourt of Appeals for the Tenth Circuit · 2010
  5. In Re CormierUnited States Bankruptcy Court, W.D. Michigan · 2008

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