Legal Opinion

Bryan v. Stanton (In Re Bryan)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 21, 2012No. BAP 11-6068PublishedCited by 9 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

The debtor, Karolyn Joyce Bryan (the “Debtor”), appeals an order of the United States Bankruptcy Court for the Western District of Missouri, 1 sustaining the objection of the Chapter 7 trustee, Janice E. Stanton (the “Trustee”), to her claimed exemption of her interest in an annuity. We have jurisdiction over this appeal from the final order of the bankruptcy court. See 28 U.S.C. § 158(b). For the reasons set forth below, we affirm.

ISSUES

We consider the threshold issue of whether res judicata barred the Debtor from seeking an exemption in the Annuity under…

2Cases cited12 opinions

  1. Nationsbank of North Carolina, N. A. v. Variable Annuity Life InsuranceSupreme Court of the United States · 1995
  2. Schwab v. ReillySupreme Court of the United States · 2010
  3. Lane v. PetersonCourt of Appeals for the Eighth Circuit · 1990
  4. Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  5. Mid-City Bank v. Skyline Woods Homeowners Ass'n (In Re Skyline Woods Country Club, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2010

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3Cited by9 opinions

  1. Foellmi v. Ries (In re Foellmi)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
  2. In re GentryUnited States Bankruptcy Court, W.D. Missouri · 2014
  3. In re SearsDistrict Court, D. Nebraska · 2015
  4. In re Soori-ArachiUnited States Bankruptcy Court, D. Rhode Island · 2019
  5. Cathleen Foellmi v. Charles RiesUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2012

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

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