Legal Opinion

In Re Lark

United States Bankruptcy Court, W.D. Wisconsin

Decided August 27, 2010No. 1-18-13985PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM DECISION DENYING DEBTORS’ EXEMPTION CLAIM

THOMAS S. UTSCHIG, Bankruptcy Judge.

The debtors filed this bankruptcy case on January 8, 2010. Apparently, there was some concern that Donna Lark’s wages might be garnished by a creditor, and this fear played a role in the timing of the filing of their petition. On their Schedule C they utilized the Wisconsin exemption statutes because the equity in their home exceeded the amount that could be protected under 11 U.S.C. § 522(d). 1 They initially did not list their right to receive 2009 federal and state tax refunds as assets. After the first…

2Cases cited20 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. In Re: Mary L. Polis, Debtor-Appellant Mary L. Polis, Plaintiff-Appellant,. v. Getaways, Inc.Court of Appeals for the Seventh Circuit · 2000
  3. Ross-Tousey v. NearyCourt of Appeals for the Seventh Circuit · 2008
  4. In the Matter of Gerald E. GEISE, Jr., Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1993
  5. In Re MeyersCourt of Appeals for the Seventh Circuit · 2010

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3Cited by3 opinions

  1. In re WollerUnited States Bankruptcy Court, W.D. Wisconsin · 2012
  2. In re McCarthyUnited States Bankruptcy Court, W.D. Wisconsin · 2016
  3. Hoffman v. Hartley (In re Hartley)United States Bankruptcy Court, W.D. Wisconsin · 2012

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