[CNYBBA-LISTSERV] worker's comp exemption

Tue Jun 13 11:35:24 CDT 2006

The only case I found in New York on the issue is:

In re: CHERYL A. HERALD f/k/a CHERYL A. ROE, Debtor. CASE NO. 99-20788  UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF NEW YORK 294 B.R. 440; 2003 Bankr. LEXIS 671

June 26, 2003, Decided

In that case the Court decided that the Workers Compensation Payments are included under 282, but I'll leave that up to better minds then mine.

Theodore Lyons Araujo
Attorney at Law
Bodow Law Firm, PLLC
1925 Park Street
Syracuse, New York 13208

Telephone (315) 422-1234
Facsimile (315) 422-9113

taraujo at bodowlaw.com

www.bodowlaw.com

This email is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521 This message may contain attorney/client privileged information and is intended only for the individual or entity to whom it is addressed. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or their employee or agent, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited, and you are requested to please notify us immediately by telephone at (315) 422-1234 and return the original message to the sender. Thank you.

________________________________

From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On Behalf Of Ruth Babbitt
Sent: Tuesday, June 13, 2006 9:40 AM
To: Central New York Bankruptcy Bar Association
Subject: Re: [CNYBBA-LISTSERV] worker's comp exemption

Message from Edward Y. Crossmore, Esq.

Wayne:  In response to yours of 6/8/06

In connection with workers comp., take a look at WCL Section 33. On the bank deposit: Surace v. Danna, 248 N.Y. 18 (1928, Cardoza, C.J.). On the home purchase: Di Donato v. Rosenberg, 221 A.D. 624, 225 N.Y.S. 46 (3rd Dept. 1927).

But its not altogether clear where this exemption fits into DCL Section 282. It is not part of CPLR Section 5205 or Section 3212 of the Insurance Law, so the first (unnumbered) paragraph of DCL is out. Is it 2(b)? Or 3(iv)? If it is the latter, there is a "reasonably necessary" standard imposed that is not found in WCL Section 33.

This raises an important issue. Does the opt-out authority granted under 11 USC Section 522 mean: 1) that upon opt-out, NYS debtors are entitled to use the entire NYS exemption scheme and, hence, limitations or expansions of those exemptions under DCL Sections 282 and 283 are of no effect or 2) upon opt-out may New York, as it has done in DCL Sections 282 and 283, fiddle with its exemptions and create a special exemption scheme available in bankruptcy only? 

Ruth Babbitt 
Secretary to Edward Y. Crossmore, Esq. 
The Crossmore Law Office 
115 West Green Street 
Ithaca, New York  14850 
Tel.:  (607) 273-5787 
Fax:  (607) 273-0291 

This e-mail message is confidential, intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender at (607) 273-5787 and delete this e-mail message from your computer. Thank you.

	-----Original Message-----
	From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org]On Behalf Of Wayne Bodow
	Sent: Thursday, June 08, 2006 4:28 PM
	To: Central New York Bankruptcy Bar Association
	Subject: [CNYBBA-LISTSERV] worker's comp exemption

	I believe that a pending worker's comp claim is 100% exempt. No limit while pending (Am I correct?)  However, what about a lump sum worker's comp settlement of say $100,000.00 received and than put in the bank? If it's invested is it exempt?  If it is invested in home ownership is it exempt. 

	Wayne R. Bodow
	Attorney at Law
	Bodow Law Firm, PLLC
	1925 Park Street
	Syracuse, New York 13208

	Telephone (315) 422-1234
	Facsimile (315) 422-9113

	wbodow at bodowlaw.com

	This message may contain attorney/client privileged information and is intended only for the individual or entity to whom it is addressed. This message may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or their employee or agent, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited, and you are requested to please notify us immediately by telephone at (315) 422-1234 and return the original message to the sender. Thank you.

________________________________

	From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org] On Behalf Of Ruth Babbitt
	Sent: Thursday, June 08, 2006 10:46 AM
	To: Central New York Bankruptcy Bar Association
	Subject: Re: [CNYBBA-LISTSERV] June 28 Means Test seminar

	Dear Michelle:

	One of the peripheral issues raised in the litigation before Judge Gerling concerning the 2005 homestead exemption amendment involved a question of the application of the constitutional requirement that bankruptcy legislation be uniform. The seminal case on this is Hanover National Bank v. Moyses, 186 U.S. 181 (1902). That case resolved the question, whether the uniformity requirement would permit a bankruptcy statute that relied on a multiplicity of state created exemptions or, whether a state law exemptions or required a uniform national exemption scheme was necessary. I have not been able to square the Hanover National Bank holding with the Means Test inasmuch as the Means Test draws various distinctions on quasi-national (excepting Alaska and Hawaii), regional, state and county bases. The principle established by Hanover National Bank was that even though each state's exemption scheme differed, there was an underlying uniformity because in bankruptcy creditors were given in each state all they would have recovered had there been no bankruptcy. I do not see in the Means Test a similar uniformity. This, though, is probably beyond the scope of the topic as Guy envisions it; and probably would not be of general interest. 

	-Ed Crossmore

	Ruth Babbitt 
	Secretary to Edward Y. Crossmore, Esq. 
	The Crossmore Law Office 
	115 West Green Street 
	Ithaca, New York  14850 
	Tel.:  (607) 273-5787 
	Fax:  (607) 273-0291 

	This e-mail message is confidential, intended only for the named recipient(s) above and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you have received this message in error, or are not the named recipient(s), please immediately notify the sender at (607) 273-5787 and delete this e-mail message from your computer. Thank you.

		-----Original Message-----
		From: cnybba-bounces at cnybba.org [mailto:cnybba-bounces at cnybba.org]On Behalf Of mcmarans at aol.com
		Sent: Thursday, June 01, 2006 4:37 PM
		To: cnybba at cnybba.org
		Cc: Guy.A.VanBaalen at usdoj.gov; Sherry.Doran at usdoj.gov
		Subject: [CNYBBA-LISTSERV] June 28 Means Test seminar

		Guy Van Baalen has asked me to solicit questions for the  CNYBBA seminar on June 28 seminar on the Means Test.  Please post your questions on the listserv as Guy is a subscriber and will make note of your questions.  Alternatively, you may e-mail Guy.A.VanBaalen at usdoj.gov <mailto:Guy.A.VanBaalen at usdoj.gov>  or Sherry.Doran at usdoj.gov directly with your questions.

		Thanks.

		Michelle C. Marans, Esq.
		Edward J. Fintel & Associates
		430 E. Genesee St., Ste. 205
		PO Box 6451
		Syracuse, NY 13217-6451
		Telephone: 315-424-8252
		Facsimile: 315-424-7990

		-----Original Message-----
		From: erin <erin at bcbattorneys.com>
		To: CNYBBA at cnybba.org
		Sent: Thu, 1 Jun 2006 15:36:34 -0400
		Subject: [CNYBBA-LISTSERV] cram down question

		What's the consensus on cramming down a pop-up travel camper purchased within 910 days of filing?  Is it considered a motor vehicle for puposes under the new 1325(a)?  Is it a "motor vehicle"?  I note that it a tow-hitch camper, not one that can be driven on its own.

		_______________________________________________

		CNYBBA mailing list

		CNYBBA at cnybba.org <mailto:CNYBBA%40cnybba.org> 

		http://cnybba.org/mailman/listinfo/cnybba_cnybba.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: /pipermail/cnybba_cnybba.org/attachments/20060613/9f10412a/attachment-0001.html 
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Theodore L. Araujo (taraujo at bodowlaw.com).vcf
Type: text/x-vcard
Size: 498 bytes
Desc: Theodore L. Araujo (taraujo at bodowlaw.com).vcf
Url : /pipermail/cnybba_cnybba.org/attachments/20060613/9f10412a/attachment-0001.vcf 