Legal Opinion

Bank of America v. Ivey

Montana Supreme Court

Decided June 8, 2010No. DA 10-0002PublishedCited by 8 opinions

1Opinion of the CourtJustice Nelson

¶1 This is an appeal from the order of the Second Judicial District Court, Silver Bow County, holding that Mary Jo Ivey’s personal checking account is not exempt from execution under § 25-13-609(1), MCA. We affirm.

¶2 Mary Jo is a disabled resident of Butte, Montana. She currently lives solely off Social Security Disability Insurance (SSDI) benefits that total $691.00 per month plus Supplemental Security Income (SSI) benefits that total $4.00 per month. In June 2008, when the events at issue here occurred, Mary Jo was living off SSDI benefits totaling $653.00 per month.

¶3 On June 6, 2008, Mary…

2Cases cited3 opinions

  1. Hitt v. Glass (In Re Glass)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
  2. Ferguson v. SpeithMontana Supreme Court · 1893
  3. In Re ArcherMontana Supreme Court · 2006

3Cited by8 opinions

  1. State v. Bobby CookseyMontana Supreme Court · 2012
  2. Salminen v. Morrison & FramptonMontana Supreme Court · 2014
  3. State v. HafnerMontana Supreme Court · 2010
  4. In Re the Estate of EricksonMontana Supreme Court · 2017
  5. CBI Inc. v. Sharon McCreaMontana Supreme Court · 2012

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