Legal Opinion
In Re Morrell
United States Bankruptcy Court, N.D. West Virginia
Decided August 14, 2008No. 08-519PublishedCited by 12 opinions
1Opinion of the Court
MEMORANDUM OPINION
PATRICK M. FLATLEY, Bankruptcy Judge.
As authorized by Congress, West Virginia chose not to allow its residents to use the federal bankruptcy exemptions in 11 U.S.C. § 522(d). Instead, West Virginia has created its own scheme of bankruptcy exemptions in W. Va.Code § 38-10-4, which are different from the exemptions available to residents who are not in bankruptcy.
Martin P. Sheehan, the Chapter 7 trustee (the “Trustee”) for Danny and Raquel Morrell (the “Debtors”), objects to the Debtors’ claim of exemptions under § 38-10-4 on the grounds that West Virginia’s bankruptcy only…
2Cases cited27 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Perez. v. CampbellSupreme Court of the United States · 1971
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sticka v. Applebaum (In Re Applebaum)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Richardson v. Schafer (In Re Schafer)Bankruptcy Appellate Panel of the Sixth Circuit · 2011
- In re WestbyUnited States Bankruptcy Court, D. Kansas · 2012
- In Re PontiusUnited States Bankruptcy Court, W.D. Michigan · 2009
- In re McFarlandUnited States Bankruptcy Court, S.D. Georgia · 2012
7 more not listed; retrieve them via the Exa API.