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IN RE HESS

Bankruptcy No. 03-42365.

350 B.R. 882 (2005)

In re David F. HESS and Lidia I. Hess, Debtors.

United States Bankruptcy Court, D. Idaho.

October 21, 2005.

Attorney(s) appearing for the Case

Jay A. Kohler, Idaho Falls, ID, Attorney for Debtors.

Jim Spinner, Service Spinner & Gray, Pocatello, ID, for Trustee.

L.D. Fitzgerald, Pocatello, ID, `Chapter 7 Trustee.

MEMORANDUM OF DECISION

JIM D. PAPPAS, Bankruptcy Judge.

Background

Chapter 13 Debtors David and Lidia Hess claim an exemption under Idaho Code § 11-604(1)(c)1 in the $7,500 settlement proceeds they received from a medical malpractice claim. Scheds. B, C, Docket No. 1. Debtors' confirmed Chapter 13 plan provides that such proceeds will be distributed to their creditors unless the funds are deemed exempt and not...

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