Bankruptcy – Statutory Interpretation

By: Derek Hawkins//February 8, 2016//

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7^th Circuit Court of Appeals

Case Name: Anna F. Robinson v. Cynthia Hagan

Case No.: 14-3585

Officials: WOOD, Chief Judge, and EASTERBROOK and RIPPLE, Circuit Judges.

Focus: Bankruptcy – Statutory Interpretation

Rare edition book meets personal property exemption requirement for appellant in Ch. 7 bankruptcy proceedings.

“The plain wording of the statute does support the trustee’s argument that the exemption applies to one “bible.” However, the trustee does not seek simply to limit Ms. Robinson to one Book of Mormon; the trustee seeks to limit Ms. Robinson to one Book of Mormon of negligible monetary value. Given that the legislature did not place a dollar limit on the subsection (a) exemptions as it did with exemptions in other subsections, this argument appears at odds with the wording and structure of the personal property exemption statute.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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