Bankr. No.:
96-40398
Chapter:
7
Date of Decision:
March 28, 1997
Issue:
Whether certain rights to regular payments the debtor had arising from a personal injury settlement agreement constituted an annuity under S.D.C.L. § 58-12-5 that could be declared exempt under S.D.C.L. § 58-12-6?
Ruling:
The settlement agreement met the definition of an annuity under § 58-12-5 but the debtor could only declare $250.00 per month exempt under §§ 58-12-5 and -8.
Full Bankruptcy Court Decision: