Legal Opinion

In the Matter of Dennis Alan Howell

Indiana Supreme Court

Decided March 20, 2015No. 94S00-1405-CQ-321PublishedCited by 10 opinions

1Opinion of the Court

RUSH, Chief Justice.

Indiana law exempts life insurance policies from debtors’ bankruptcy estates when the named beneficiary is “the spouse, children, or any relative dependent upon” the debtor. That language undisputedly requires that relatives other than spouses and children must be dependent on the debtor for the exemption to apply, but whether that requirement also applies to spouses and children is less clear. We accepted a certified question asking us to construe whether the “dependent upon” phrase modifies only “any relative,” or also “spouse” and “children.” The statutory language and…

2Cases cited18 opinions

  1. McNary v. Haitian Refugee Center, Inc.Supreme Court of the United States · 1991
  2. United States v. Tohono O’odham NationSupreme Court of the United States · 2011
  3. Allgood v. Meridian Security Insurance Co.Indiana Supreme Court · 2005
  4. Pomeroy v. BeachIndiana Supreme Court · 1898
  5. FLM, LLC, and Daimler Chrysler Corp., n/k/a Chrysler LLC v. The Cincinnati Insurance CompanyIndiana Court of Appeals · 2012

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3Cited by10 opinions

  1. Michael Day v. State of IndianaIndiana Supreme Court · 2016
  2. Richard Doermer v. Kathryn CallenCourt of Appeals for the Seventh Circuit · 2017
  3. David P. Allen v. Kimberly W. AllenIndiana Supreme Court · 2016
  4. R.L. Turner Corporation v. William WressellIndiana Court of Appeals · 2015
  5. Mainsource Bank v. Leaf Capital Funding, LLC (In re Nay)United States Bankruptcy Court, S.D. Indiana · 2017

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