IN RE CARPENTER

BAP No. 08-6046.

408 B.R. 244 (2009)

In re Todd CARPENTER, Debtor Todd Carpenter, Debtor-Appellant v. Charles W. Ries, Trustee-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Filed: July 13, 2009.


Attorney(s) appearing for the Case

Barbara J. May, Arden Hills, MN, for debtor.

Charles W. Ries, Maschka & Riedy, Mankato, MN, for trustee.

Before SCHERMER, FEDERMAN, and SALADINO, Bankruptcy Judges.


FEDERMAN, Bankruptcy Judge.

Debtor Todd Carpenter appeals from the Bankruptcy Court's Order finding that a prepetition lump sum payment for retroactive social security benefits was property of Carpenter's estate and, further, that Carpenter could not claim an exemption in those funds pursuant to § 522(d)(10)(A) of the Bankruptcy Code.1 In so holding, the Bankruptcy Court concluded that, because Carpenter elected to claim federal exemptions...

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