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Legal Opinion

In re West

United States Bankruptcy Court, N.D. Illinois

Decided March 26, 2014No. 13bk28123PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM DECISION

TIMOTHY A. BARNES, Bankruptcy Judge.

The matter before the court arises out of the objection (the “Objection”) of the Chapter 7 trustee, Barry A. Chatz (the “Trustee ”), to the exemption that debtor Debra West (the “Debtor ”) claimed in her interest in her former husband’s 401(k) plan. The Debtor claims the exemption under section 12-1006 of the Illinois Code of Civil Procedure. For the reasons set forth herein, the Objection is not well taken, and the claim of exemption allowed.

JURISDICTION

The federal district courts have “original and exclusive jurisdiction” of all cases…

2Cases cited30 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  3. United States v. James C. DunkelCourt of Appeals for the Seventh Circuit · 1991
  4. Patterson v. ShumateSupreme Court of the United States · 1992
  5. Boggs v. BoggsSupreme Court of the United States · 1997

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3Cited by16 opinions

  1. Helms v. Metro. Life Ins. Co. (In re O'Malley)United States Bankruptcy Court, N.D. Illinois · 2019
  2. In re VazquezUnited States Bankruptcy Court, N.D. Illinois · 2014
  3. In re WoodruffUnited States Bankruptcy Court, N.D. Illinois · 2019
  4. In re LudkowskiUnited States Bankruptcy Court, N.D. Illinois · 2018
  5. In re SwarupUnited States Bankruptcy Court, M.D. Florida · 2014

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

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