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.
- Argued 11/10/2005
- Decided 09/27/2006
- Published 09/27/2006
- SYKES, Circuit Judge., Before FLAUM, Chief Judge, and RIPPLE and SYKES, Circuit Judges.
- United States Seventh Circuit
- 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.