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BANK OF AMERICA v. IVEY

No. DA 10-0002.

234 P.3d 867 (2010)

2010 MT 131

356 Mont. 388

BANK OF AMERICA, Plaintiff and Appellee, v. Mary Jo IVEY, Defendant and Appellant.

Supreme Court of Montana.

Decided June 8, 2010.

Attorney(s) appearing for the Case

For Appellant: D. Michael Eakin, Chuck Munson, Montana Legal Services Association, Billings, Montana.

For Appellee: Eeva Greenley, Johnson, Rodenburg & Lauinger, Fargo, North Dakota.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 This is an appeal from the order of the Second Judicial District Court, Silver Bow County, holding that Mary Jo Ivey's personal checking account is not exempt from execution under § 25-13-609(1), MCA. We affirm.

¶ 2 Mary Jo is a disabled resident of Butte, Montana. She currently lives solely off Social Security Disability Insurance (SSDI) benefits that total $691.00 per month plus...

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