Legal Opinion

In Re Maidman

United States Bankruptcy Court, S.D. New York

Decided June 25, 1992No. 18-36994PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OF DECISION ON EXEMPTIONS SET FORTH IN DEBTOR’S AMENDED BANKRUPTCY PETITION

FRANCIS G. CONRAD, Bankruptcy Judge. *

We are presented 1 here with two issues: 1) whether a debtor may exempt earnings from the estate under § 282 of the New York Debtor and Creditor Law (“NYD & CL”) and § 5205(d)(2) of New York’s Civil Practice Law and Rules (“CPLR”), and 2) whether NYD & CL § 283 limits such an exemption to $2,500. We hold that a debt- or may exempt earnings under NYD & CL § 282 and CPLR § 5205(d)(2) and that § 283 does not limit such exemption to $2,500.

On October 15, 1991, Debtor moved…

2Cases cited3 opinions

  1. McDonnell v. McDonnellNew York Court of Appeals · 1939
  2. In Re KleistUnited States Bankruptcy Court, N.D. New York · 1990
  3. In re EdelmanDistrict Court, E.D. New York · 1959

3Cited by9 opinions

  1. In Re MooreUnited States Bankruptcy Court, N.D. New York · 1994
  2. Cable Co. v. NewhouseCourt of Appeals for the Second Circuit · 2001
  3. In Re CoolbaughUnited States Bankruptcy Court, W.D. New York · 2000
  4. In Re PlessUnited States Bankruptcy Court, N.D. New York · 1996
  5. In Re WrobelUnited States Bankruptcy Court, W.D. New York · 2001

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