Legal Opinion
Carpenter v. Ries (In Re Carpenter)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided July 13, 2009No. BAP 08-6046PublishedCited by 11 opinions
1Opinion of the Court
FEDERMAN, Bankruptcy Judge.
Debtor Todd Carpenter appeals from the Bankruptcy Court’s Order finding that a prepetition lump sum payment for retroactive social security benefits was property of Carpenter’s estate and, further, that Carpenter could not claim an exemption in those funds pursuant to § 522(d)(10)(A) of the Bankruptcy Code. 1 In so holding, the Bankruptcy Court concluded that, because Carpenter elected to claim federal exemptions under § 522(d), the provisions .of § 407 of the Social Security Act 2 did not apply to protect the funds from Carpen ter’s creditors. Because we conclude…
2Cases cited4 opinions
- Philpott v. Essex County Welfare BoardSupreme Court of the United States · 1973
- Rousey v. JacowaySupreme Court of the United States · 2005
- In the Matter of Roger Burnett Treadwell, Debtor. James D. Walker, Jr., Trustee v. Roger Burnett Treadwell, and Regina TaylorCourt of Appeals for the Eleventh Circuit · 1983
- Martin v. Bucher (In Re Martin)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
3Cited by11 opinions
- Carpenter v. Ries (In Re Carpenter)Court of Appeals for the Eighth Circuit · 2010
- In re FranklinUnited States Bankruptcy Court, C.D. Illinois · 2014
- Meyer v. Scholz (In Re Scholz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- Smith v. Missouri (In re Smith)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
- In Re AndersonUnited States Bankruptcy Court, W.D. Missouri · 2009
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