Legal Opinion
Matter of Smith
United States Bankruptcy Court, D. Nebraska
Decided May 1, 1992No. 10-83507PublishedCited by 3 opinions
1Opinion of the Court
AMENDED MEMORANDUM 1
JOHN C. MINAHAN, Jr., Bankruptcy Judge.
This Chapter 13 case is before the court to consider the imposition of sanctions against debtors and debtors’ counsel for having claimed property as exempt without any legal basis.
Schedule B-4 filed in this case lists $5,000.00 worth of personal property as exempt under Neb.Rev.Stat. § 25-1552, and it also lists $800.00 worth of real estate as exempt without citation to any legal authority. The claimed exemptions appeared unsupported in law because the personal property exemption of § 25-1552 may not be claimed by each spouse if a…
2Cases cited9 opinions
- Business Guides, Inc. v. Chromatic Communications Enterprises, Inc.Supreme Court of the United States · 1991
- Robert Taylor v. Freeland & Kronz Wendell G. Freeland Richard F. KronzCourt of Appeals for the Third Circuit · 1991
- Anderson v. McGowan (In Re Anderson)District Court, D. Rhode Island · 1991
- Matter of FoulkUnited States Bankruptcy Court, D. Nebraska · 1991
- In Re Steven L. Peterson and Judith A. Peterson, Debtors. First National Bank of St. Peter v. Steven L. Peterson and Judith A. PetersonCourt of Appeals for the First Circuit · 1991
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3Cited by3 opinions
- In Re LemonsUnited States Bankruptcy Court, W.D. Oklahoma · 2002
- In Re EvansUnited States Bankruptcy Court, S.D. Ohio · 1999
- In Re WalkerUnited States Bankruptcy Court, D. Oregon · 1993