Dayton, OH
Bankruptcy and debt Lawyer at Dayton, OH
Practice Areas: Bankruptcy & Debt, Chapter 7 Bankruptcy ... +4 more
OUTCOME: Client was able to keep the money in her bank account
Chapter 7 Trustee objected to claimed exemption in pre-petition wages that were held in client's bank account. The Court held an evidentiary hearing and ruled that the funds were exempt.
OUTCOME: Client was able avoid her second mortgage in a Chapter 13 Case
Court held that language in Chapter 13 form plan was sufficient to put sophisticated creditors, such as the junior mortgagee, that the confirmation hearing would be a valuation hearing for real estate. ... Through an adversary proceeding, the Debtor used that valuation to strip off the mortgage as “wholly unsecured.”
OUTCOME: Client was able to keep the majority of her income tax refund
Chapter 7 Trustee objected to exemption of funds deposited in checking account as tax refund payments for the federal child care tax credit and earned income credit, stating the funds were commingled a ... nd no longer exempt. Court determined the funds were exempt to the extent traceable. The court adopted the lowest immediate balance test as the appropriate tracing method. In applying this test, the court found that $7,584 was exempt and $142 was not exempt.
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