(Bankr. W.D. Ky. Nov. 16, 2016)

(Bankr. E.D. Ky. September 14, 2016)

(7th Cir. July 26, 2016)

The Seventh Circuit interprets a Wisconsin exemption statute applicable to annuity contracts. The statute provides that such a contract is exempt from assets available to creditors so long as it “complies with the provisions of the internal revenue code.” The trustee argued for a narrow interpretation of this language, while the Court ultimately agrees with the broader interpretation of the statute employed by Wisconsin bankruptcy courts. Opinion below.

Judge: Hamilton

Attorney for Debtors: Dewitt Ross & Stevens S.C., Craig E. Stevenson

(Bankr. S.D. Ind. May 23, 2016)

The bankruptcy court sustains the creditor’s objection to the proposed Chapter 13 plan, finding the creditor’s expert more credible than the debtor’s expert as to valuation of the debtor’s mobile home. Thus, the the creditor’s secured claim was higher than the amount provided for in the plan. The court also holds that certain of the appliances in the home are not accessions and thus are not subject to the creditor’s lien. Opinion below.

Judge: Moberly

(7th Cir. Apr. 5, 2016)

(7th Cir. Mar. 4, 2016)

(6th Cir. B.A.P. Jan. 28, 2016)