IN RE ARCHER

No. 05-277.

136 P.3d 563 (2006)

2006 MT 82

332 Mont. 1

In re Lee Orio ARCHER and Vicki Baird Archer, Debtors.

Supreme Court of Montana.

Decided April 25, 2006.


Attorney(s) appearing for the Case

For Debtors: Howard C. Greenwood, Hamilton, Montana.

For Chapter 7 Trustee: Richard J. Samson; Christian, Samson, Jones & Chisholm, Missoula, Montana.

For Amicus Curiae: Lawrence A. Anderson, Great Falls, Montana (for Montana Trial Lawyers Association).


Chief Justice GRAY delivered the Opinion of the Court.

¶ 1 In this case, we address a question certified to us pursuant to Rule 44, M.R.App. P., by the United States Bankruptcy Court for the District of Montana. The question is:

May a debtor claim an exemption pursuant to 25-13-608(1)(f), MCA, in proceeds from the sale of shares of stock in a business under an agreement to sell such stock, as exempt "benefits," when such proceeds are used exclusively...

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