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
File:
Judge:
Date:
Tuesday, April 24, 1990