Legal Opinion

In re Christakos

United States Bankruptcy Court, W.D. Missouri

Decided June 20, 2016No. Case No. 16-60082Published

1Opinion of the Court

MEMORANDUM OPINION

Arthur B. Federman, Bankruptcy Judge

The Chapter 7 Trustee objected to Debtor Amber Nicole Christakos’s claimed exemption in “ongoing child support” under § 513.430.1(10)(d) of the Missouri Statutes as “alimony, support or separate maintenance.” The Debtor responds that the postpetition child support is not property of the Debtor because it belongs to the child, or, alternatively, it is not property .of the estate because it is a personal right. For the reasons that follow, I conclude that the Debtor’s right to collect postpetition child support is not an asset of the estate,…

2Cases cited25 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Korte v. United States Internal Revenue Service (In Re Korte)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Ah Quin v. County of Kauai Department of TransportationCourt of Appeals for the Ninth Circuit · 2013
  5. Bauer v. Iannacone (In Re Bauer)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API