Legal Opinion

In re Smith

Court of Appeals for the Seventh Circuit

Decided February 17, 1981No. Nos. 80-2033 to 80-2035PublishedCited by 69 opinions

1Opinion of the Court

SWYGERT, Circuit Judge.

These appeals present a question of first impression among the circuits which arises under the new Bankruptcy Code: whether a debtor’s cause of action for violations of the Truth in Lending Act and similar state statutes is “property” that may be claimed as exempt under the exemption provision of the Code, 11 U.S.C. §§ 522(d)(1) and (5). The district court held that the rights of action may not be claimed as exempt. We hold that they may be claimed, and we reverse.

The facts in these three cases are not in dispute; nor are they significant to our holding which decides a…

2Cases cited14 opinions

Porter v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1962
James Riggs, Trustee in Bankruptcy v. Government Employees Financial Corporation, Etc.Court of Appeals for the Ninth Circuit · 1980
Matter of UprightUnited States Bankruptcy Court, N.D. New York · 1979
Binnick v. Avco Financial Services of Nebraska, Inc.District Court, D. Nebraska · 1977
Leech v. Nichols (In Re Nichols)United States Bankruptcy Court, E.D. Michigan · 1980

9 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

Bruce K. Cable, as Debtor in Possession v. Ivy Tech State CollegeCourt of Appeals for the Seventh Circuit · 1999
In the Matter of Randall B. Neavear, Debtor. Randall B. Neavear v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1982
In Re: Mary L. Polis, Debtor-Appellant Mary L. Polis, Plaintiff-Appellant,. v. Getaways, Inc.Court of Appeals for the Seventh Circuit · 2000
In the Matter of Gerald E. GEISE, Jr., Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
In the Matter of Ronald and Marjorie Patterson, Debtors. Appeal of Abbotsford State BankCourt of Appeals for the Seventh Circuit · 1987

64 more not listed; retrieve them via the Exa API.