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IN RE CARPENTER

No. 09-2897.

614 F.3d 930 (2010)

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

United States Court of Appeals, Eighth Circuit.

Filed: July 30, 2010.

Attorney(s) appearing for the Case

Charles W. Ries, argued, Renee C. Rubish, on the brief, Mankato, MN, for appellant.

Barbara J. May, argued, Roseville, MN, for appellee.

Before RILEY, Chief Judge, JOHN R. GIBSON and MURPHY, Circuit Judges.

RILEY, Chief Judge.

Todd Carpenter received a lump sum payment from the Social Security Administration (SSA). Shortly thereafter, Carpenter filed for bankruptcy relief under Chapter 7. Carpenter claimed the social security payment was exempt and should not be included in his bankruptcy estate, relying on 42 U.S.C. § 407 ("[N]one of the moneys paid . . . under this [Social Security Act] shall be subject to . . . the operation of any bankruptcy or insolvency law...

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