Legal Opinion
In re Shields
United States Bankruptcy Court, W.D. Missouri
Decided March 15, 2018No. Case No. 17–30321PublishedCited by 3 opinions
1Opinion of the Court
HONORABLE BRIAN T. FENIMORE, United States Bankruptcy Judge
The court must determine whether Debtors Wallace and Deborah Shields may exempt under Mo. Rev. Stat. § 513.430.1(10)(e) (2016) ("(10)(e)") some or all of the payments Wallace receives from his former employer Southwest Missouri Bank ("SMB") pursuant to a Supplemental Executive Retirement Plan ("SERP"). Because the Shieldses still owe SMB on three loans, the court must also determine whether SMB has a right of setoff that it may enforce against any portion of the SERP payments.
For the reasons set forth below, the court determines that…
2Cases cited33 opinions
- Citizens Bank of Md. v. StrumpfSupreme Court of the United States · 1995
- Rousey v. JacowaySupreme Court of the United States · 2005
- Warren v. Taff (In Re Taff)United States Bankruptcy Court, D. Connecticut · 1981
- Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982
- In the Matter of Richard L. Kochell, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
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3Cited by3 opinions
- Commerce Bank v. Robert R. McGowenSupreme Court of Iowa · 2021
- Commerce Bank v. Robert R. McGowenSupreme Court of Iowa · 2021
- Jeffrey R BartonUnited States Bankruptcy Court, E.D. Missouri · 2023