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· 7/30/2010

Carpenter v. Ries (In Re Carpenter)

Citations

  • 614 F.3d 930
  • 64 Collier Bankr. Cas. 2d 831
  • 2010 U.S. App. LEXIS 15772
  • 2010 WL 2977388

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Social Security Act “automatically and completely excludes social security proceeds from the bankruptcy estate”
  • Concluding that 42 U.S.C. § 407 “must be read as an exclusion provision, which automatically and completely excludes social security proceeds from the bankruptcy estate, and not as an exemption provision which must be claimed by the debtor.”
  • “[Section 407] operates as a complete bar to the forced inclusion of past and future social security proceeds in the bankruptcy estate.”
  • exemption statute is unambiguous, and therefore courts have no need lor legislative history or implied exceptions
  • exemption statute Is unambiguous, and therefore courts have no need for legislative history or implied exceptions

Source: CourtListener parenthetical corpus (CC0).

Judges: Riley, Gibson, Murphy

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.