Legal Opinion

In Re Glimcher

United States Bankruptcy Court, D. Arizona

Decided October 18, 2011No. 2:11-bk-15333-RJHPublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER DENYING EXEMPTION OF GIFT CARDS

RANDOLPH J. HAINES, Bankruptcy Judge.

Debtor has claimed that a $10,000 Safeway gift card is exempt as constituting six months of “food, fuel and provisions,” and the Chapter 7 Trustee and PNC Bank have objected. The Court sustains their objections because a gift card is neither “food,” “fuel” nor “provisions,” nor were any such food, fuel or provisions “actually provided” to the Debtor as of the petition date.

Background Facts

Pursuant to A.R.S. § 33-1124, 1 the Debtor claimed as exempt six months’ worth of food, fuel and provisions, which he…

2Cases cited10 opinions

  1. Matcha v. WinnCourt of Appeals of Arizona · 1981
  2. Phelan v. LaceySupreme Court of Oklahoma · 1915
  3. Frazer, Ryan, Goldberg, Keyt & Lawless v. SmithCourt of Appeals of Arizona · 1995
  4. Hogg v. Farmers Home Administration (In Re Hogg)United States Bankruptcy Court, D. South Dakota · 1987
  5. In re LentzDistrict Court, D. South Dakota · 1899

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3Cited by1 opinion

  1. In re GilbraithUnited States Bankruptcy Court, D. Arizona · 2014

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