Legal Opinion

In Re Porvaznik

United States Bankruptcy Court, M.D. Pennsylvania

Decided August 10, 2011No. 5-11-bk-00390-JJTPublishedCited by 2 opinions

1Opinion of the Court

OPINION

JOHN J. THOMAS, Bankruptcy Judge.

Danielle Porvaznik filed a Chapter Seven bankruptcy claiming the federal exemptions. That exemption claim was met with objections from the Trustee, William Schwab, based on provisions of the bankruptcy statute that, he says, require the Debtor to utilize the Louisiana state exemptions. This is pivotal since Louisiana is an “opt-out” state requiring those domiciled there to select the Louisiana exemptions unlike Pennsylvania which allows its citizens to elect the federal exemptions. The Trustee’s reasoning is as follows. He claims, and the Debtor agrees,…

2Cases cited4 opinions

  1. Hill v. City of ScrantonCourt of Appeals for the Third Circuit · 2005
  2. Desmare v. United StatesSupreme Court of the United States · 1877
  3. Berger v. BergerCourt of Appeals for the Third Circuit · 1954
  4. Pentland v. CommissionerUnited States Tax Court · 1948

3Cited by2 opinions

  1. In re FelixUnited States Bankruptcy Court, S.D. Ohio · 2017
  2. John TaroUnited States Bankruptcy Court, D. Delaware · 2020

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