Sunday, October 6, 2013

Unliquidated Personal Injury Claim Not Exempt in Missouri

Miami Personal Bankruptcy Lawyer Jordan E. Bublick has over 25 years of experience in filing Chapter 13 and Chapter 7 bankruptcy cases. His office is centrally located in Miami at 1221 Brickell Avenue, 9th Fl., Miami and may be reached at (305) 891-4055.

The Bankruptcy Court in the case of In re Mahony, Case No. 06-60347 (WD Missouri 2007)(Federman, J.) held that contingent and unliquidated personal injury claims are not exempt in bankruptcy in Missiouri. Property exempt must be pursuant to statute. State case law that contingent claims cannot be garnished or assigned and are exempt from attachment and execution is not sufficient. In re Benn, 491 F.3d 811 (8th Cir. 2007). Overruled In re Mitchell, 73 B.R. 93 (Bankr. E.D. Mo. 1987).