United States Seventh Circuit

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Stinnett v. LaPlante, 05-1335

Bankruptcy court determination that disability payments are the property of a bankruptcy estate and that debtor is entitled to a $6,000 per month exemption is affirmed where: 1) disability payments do not fall within the "services performed" exception to bankruptcy estate property; and 2) the disability payments were not exempt from the bankruptcy estate in their entirety pursuant to Indiana exemption law. Appeal of tax lien is dismissed for lack of standing.

Appellate Information

  • Argued 11/10/2005
  • Decided 09/27/2006
  • Published 09/27/2006

Judges

  • SYKES, Circuit Judge., Before FLAUM, Chief Judge, and RIPPLE and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Harry L. Mathison (argued), King, Deep & Branaman, Henderson, KY, for Debtor-Appellant.

  • For Appellees:
  • James S. Kowalik (argued), Hostetler & Kowalik, Indianapolis, IN, for Trustee-Appellee., Kenneth W. Rosenberg (argued), Dept. of Justice Tax Div., Appellate Section, Washington, DC, for Appellee.