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In re Staniforth, Case No. 88-02678-7 (04/24/1990) (116 B.R. 127) -- Thomas S. Utschig

Case Summary:
Trustee's failure to timely object to debtor's claimed exemption cannot create an exemption which would otherwise have no legal basis.  [NOTE:  see Taylor v. Freeland & Kronz, 118 L. Ed. 2d 280 (1992) -- trustee's failure to timely object to debtor's claimed exemption prevented him from challenging the validity of the exemption regardless of whether the debtor had a colorable statutory basis for claiming the exemption.]

Self-employed dentist's independent retirement accounts were exempt from creditors' claims pursuant to Wis. Stat. § 815.18(31) -- the exemption provision for "interest of any person in any employees' benefit plan."

Statue/Rule References:
Wis. Stat. § 815.18 -- Exemptions

Key Terms:
Exemptions


Date: 
Tuesday, April 24, 1990