Legal Opinion

In Re Thompson

United States Bankruptcy Court, E.D. Virginia

Decided February 14, 1980No. 19-50282PublishedCited by 3 opinions

1Opinion of the Court

HAL J. BONNEY, Jr., Bankruptcy Judge.

By this case of first impression under the Bankruptcy Code, for cases filed on or after October 1, 1979, the trustee objects to the wife’s claimed exemptions on the grounds she “is not gainfully employed.” He does not object to the exemptions claimed by the husband, Cleveland Russell Thompson.

The trustee’s position is plainly without merit. Exemptions, Federal or State, are accorded each individual debtor.

“This section shall apply separately with respect to each debtor in a joint case.” 11 U.S.C. 522(m)

We need hardly broach the basic proposition that the…

2Cases cited16 opinions

  1. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  2. Continental Illinois National Bank & Trust Co. v. Chicago, Rock Island & Pacific Ry. Co.Supreme Court of the United States · 1935
  3. Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
  4. Moore v. BaySupreme Court of the United States · 1931
  5. Wright v. Union Central Life InsuranceSupreme Court of the United States · 1938

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3Cited by3 opinions

  1. Smith v. Bank of Glenwood (In Re Smith)United States Bankruptcy Court, S.D. California · 1980
  2. In Re WhiteUnited States Bankruptcy Court, E.D. Virginia · 1981
  3. Seibold v. Warehouse Leasing AssociatesRichmond County Circuit Court · 1981

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