Legal Opinion

Manty v. Johnson (In re Johnson)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided April 22, 2014No. BAP No. 13-6050PublishedCited by 9 opinions

1Opinion of the Court

FEDERMAN, Chief Judge.

The Chapter 7 Trustee in the bankruptcy case of Grace M. Johnson appeals from the Order of the Bankruptcy Court holding that a property tax refund is exempt under Minn.Stat. § 550.37, subd. 14, as “government assistance based on need.” For the reasons that follow, we reverse.

FACTUAL BACKGROUND

Debtor Grace M. Johnson is an 88-year old widow whose only regular source of income is social security. She owns a home valued at $200,000 with approximately $150,000 in equity. She occasionally supplements her income by renting out a bedroom in her home. After she filed a Chapter 7…

2Cases cited19 opinions

  1. Sorenson v. Secretary of the TreasurySupreme Court of the United States · 1986
  2. Addison v. SeaverCourt of Appeals for the Eighth Circuit · 2008
  3. In Re Ryd WALLERSTEDT and Colleen Wallerstedt, Debtors. Ryd WALLERSTEDT and Colleen Wallerstedt, Appellees, v. David A. SOSNE, Trustee, AppellantCourt of Appeals for the Eighth Circuit · 1991
  4. Andersen v. Ries (In Re Andersen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  5. Nagaraja v. Commissioner of RevenueSupreme Court of Minnesota · 1984

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3Cited by9 opinions

  1. Heritage Bank v. Woodward (In re Woodward)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  2. Iannacone v. PadillaDistrict Court, D. Minnesota · 2014
  3. Christians v. Dmitruk (In re Dmitruk)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2014
  4. In re MusUnited States Bankruptcy Court, D. Minnesota · 2019
  5. Hanson v. Seaver (In re Hanson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2017

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