IN RE TOMASSO

Bankruptcy No. 88-06357-H13.

98 B.R. 513 (1989)

In re Patrick Michael TOMASSO and Mary Jo Tomasso, a/k/a Mary Jo Mackert, Debtors.

United States Bankruptcy Court, S.D. California.

March 29, 1989.


Attorney(s) appearing for the Case

Harold M. Shilberg, San Diego, Cal., for debtors.

Jerry Suppa, Law Offices of Jerry Michael Suppa, San Diego, Cal., for creditor Aetna Finance Co.


MEMORANDUM DECISION

JOHN J. HARGROVE, Bankruptcy Judge.

At issue is (1) whether the proceeds from a post-petition personal injury settlement are exempt property; if not (2) whether the proceeds classify as disposable income; and (3) the extent to which the proceeds should be turned over to the Chapter 13 trustee or any surcharge imposed upon the debtors.

The debtors claim that the settlement proceeds are exempt property, and that the proceeds are...

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