Abdul-Rahim v. LaBarge (In re Abdul-Rahim)

Summarized by Lars Fuller , BakerHostetler
13 years 5 months ago

Citation:

Abdul-Rahim v. LaBarge (In re Abdul-Rahim), No. 12-6037 (BAP 8th Cir. 2012)

Tag(s):

Ruling:

8th Circuit BAP affirmed US Bankruptcy Court for the Eastern District of Missouri's ruling denying Chapter 13 debtors' exemption claimed in an unliquidated personal injury tort claim. The panel determined that the issue presented was controlled by the 8th Circuit's opinion in Benn v. Cole (In re Benn), 491 F.3d 811 (8th Cir. 2007), and rejected appellants' arguments on principles of stare decisis. Appellants/debtors argued that Missouri opted out of the federal exemptions listed in 11 USC 522(d). The panel, relying on Benn v. Cole, concluded that because Missouri does not exempt personal injury claims, such claims could not be exempted by debtors. The panel rejected debtors' argument that because under Missouri caselaw creditors could not attach an inchoate, unliquidated personal injury claim, that such unliquidated personal injury claims were "exempt." The panel affirmed the Bankruptcy Court in all respects.

Procedural context:

Debtors/appellants appealed ruling of Bankruptcy Court denying debtors' claimed exemption in unliquidated personal injury claim to 8th Circuit BAP.

Facts:

Chapter 13 debtors, in an amended schedule C, claimed an exemption in an unliquidated personal injury claim under Mo. Rev. Stat. 513.427 and Missouri common law.

Judge(s):

Kressel (Chief Judge), Federman, and Nail.

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