Legal Opinion
In re Schmitt
United States Bankruptcy Court, E.D. Wisconsin
Decided December 18, 2018No. Case No. 18-21755-behPublished
1Opinion of the Court
DECISION OVERRULING TRUSTEE'S OBJECTION TO DEBTOR'S EXEMPTION
Beth E. Hanan, United States Bankruptcy Judge *566What Wayne Schmitt faced was no Johnny Cash song. Not wanting to remain in jail, 74-year old Schmitt made a pre-petition payment to satisfy a bench warrant. Shortly thereafter, the Chapter 7 trustee objected to debtor Schmitt's exemption of the payment, arguing that the payment was voluntary. Schmitt contended that the choice between payment or loss of liberty was involuntary. As described more fully below, the Court overrules the trustee's objection.
FACTUAL BACKGROUND
On March 1, 2018,…
2Cases cited11 opinions
- Owen v. OwenSupreme Court of the United States · 1991
- Moldo v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- Huebner v. Trapp (In Re Huebner)United States Bankruptcy Court, W.D. Wisconsin · 1982
- In Re BetheaDistrict Court, District of Columbia · 2002
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