Bankruptcy Exemptions; marital property Where assets classified as marital property are not fungible or easily divisible by nature, the debtor’s interest in the entire property justifies her ability to claim an exemption in the entire equity, up to the dollar limit of the exemption. “While it is true that cases involving non-filing spouses are often full of problematic issues, the ...

Bankruptcy Exemptions; marital property Where assets classified as marital property are not fungible or easily divisible by nature, the debtor’s interest in the entire property justifies his ability to claim an exemption in the entire equity, up to the dollar limit of the exemption. “While it is true that cases involving non-filing spouses are often full of problematic issues, the ...

FOIA Exemptions; personnel rules Because Exemption 2 to FOIA encompasses only records relating to employee relations and human resources issues, it does not apply to a request for explosives maps and data. Exemption 2 shields only those records relating to “personnel rules and practices.” When used as an adjective in this manner, the key statutory word “personnel” refers to human ...

Bankruptcy Exemptions; EdVest EdVest College Savings Plans are not exempt property in bankruptcy. “It is certainly not inconceivable that the Wisconsin legislature intended to create an unlimited exemption for college savings accounts and that the ‘account owner’ would be entitled to claim that exemption. But as the cited authorities indicate, there are a number of states which have opted not ...

Bankruptcy Exemptions A debtor who cannot exempt property under either the Wisconsin state exemptions or another state’s exemptions can use the federal exemptions under sec. 522(d). “The context of the exemption statute in the state court judgment enforcement provisions and the express reference to Illinois residents in § 12-1101 strongly suggests that only Illinois residents can claim Illinois exemptions. It ...

Bankruptcy Exemptions; tax refunds The right to receive a tax refund is not a “depository account” that can be exempted from the bankruptcy estate. “The right to a refund is more akin to other claims the debtor might possess than it is to an account held with a financial institution. A debtor who holds a note payable might ultimately receive ...