Legal Opinion

In Re Hidy

United States Bankruptcy Court, W.D. Missouri

Decided March 23, 2007No. 19-60019Published

1Opinion of the Court

ORDER SUSTAINING, IN PART, AND OVERRULING, IN PART, TRUSTEE’S OBJECTIONS TO EXEMPTIONS

ARTHUR B. FEDERMAN, Bankruptcy Judge.

Debtor Charles Ernest Hidy seeks to exempt funds he received for unused sick and vacation benefits after he was terminated from his employment. The Debtor claims that a portion of these funds are exempt under § 525.030 of the Missouri Statutes as earnings from employment. In addition, he claims that the entire amount should be exempt under § 513.427 because, although he had been terminated prepetition, his right to receive these benefits had not yet been determined as of…

2Cases cited6 opinions

  1. Electrical Workers, Local No. 1 Credit Union v. IBEW-NECA Holiday Trust FundSupreme Court of Missouri · 1979
  2. State Ex Rel. Government Employees Insurance Co. v. LaskyMissouri Court of Appeals · 1970
  3. Alexander v. Jensen-Carter (In Re Alexander)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001
  4. Bambrick v. Bambrick Bros. Construction Co.Missouri Court of Appeals · 1910
  5. Benn v. Cole (In Re Benn)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006

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