Legal Opinion

Matter of Weaver

United States Bankruptcy Court, D. Nebraska

Decided September 30, 1988No. 19-80225PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

THIS MATTER is before the court on the objection of debtor’s ex-wife to a claimed exemption for $26,365.00 held by debtor in a retirement plan in this Chapter 7 bankruptcy case. This case involves the interpretation of Nebraska’s recently enacted exemption for stock, pension or similar plans under Neb.Rev.Stat. § 25-1563.01 (Supp.1987). Critical to disposition of this case is the meaning of the statutory phrase which limits the exemption to funds “reasonably necessary for the support of the debtor and any dependent of the debtor.”

FACTS

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2Cases cited15 opinions

Wetmore v. MarkoeSupreme Court of the United States · 1904
Warren v. Taff (In Re Taff)United States Bankruptcy Court, D. Connecticut · 1981
In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. ClarkCourt of Appeals for the Third Circuit · 1983
In the Matter of Richard L. Kochell, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1984
In Re DonaghyUnited States Bankruptcy Court, S.D. New York · 1981

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3Cited by2 opinions

In Re BowderUnited States Bankruptcy Court, D. Minnesota · 2001
In re BartlettUnited States Bankruptcy Court, D. Nebraska · 1993