Levin v. Dare

ENTRY ON APPEAL FROM BANKRUPTCY COURT

HAMILTON, District Judge.

This appeal from a decision of the bankruptcy court presents one narrow question of law. For purposes of the exemptions of a debtor’s property from a bankruptcy estate set forth in Ind.Code § 34-2-28-1, should United States currency be treated as “tangible personal property” or as “intangible personal property”? Currency does not fit neatly into either category of property, and the statute does not give a clear answer. In related areas of the law, currency is treated sometimes as tangible property and sometimes as intangible…