Wendy M. Dale v. Algernon L. Butler, III
DueProcess JusticiabilityDoctri
Is a pro se debtor required to cite to an applicable exemption statute in order to effectively claim an exemption under said statute?
QUESTIONS PRESENTED 1. Is a pro se debtor required to cite to an applicable exemption statute in order to effectively claim an exemption under said statute? , 2. May a Chapter 7 Trustee effectively object to : | a claim of exemption without referencing the specific : statutory exemption he is objecting to if such statute has not been specifically cited by the pro se debtor as | the statute under which she is asserting such claim? | 3 May a bankruptcy court enter an order prohibiting further amendments to an exemption schedule, a claim of exemption, or additional claims of exemption by a pro se debtor before the case has closed for reasons of prejudice to the Trustee and the administration of the estate? | 4 May a bankruptcy court construe an order | prohibiting amendments to a claim of exemption as } disallowing a different statutory claim of exemption in the same asset? 5. May a bankruptcy court disallow any exemption without finding and concluding that any such exemption is not statutorily applicable? 6. May a bankruptcy court disallow an exemption if such exemption has never been claimed by reference to the applicable statute on the pro se debtor’s exemption schedule? 7. Do the inherent powers of a bankruptcy court allow it to impose monetary sanctions on a pro se debtor without notice and hearing? il : 8. Do the inherent powers of a bankruptcy court allow it to impose monetary sanctions on a pro se debtor for filing a motion to request clarification of an Order? 9. Are the proceeds of a negotiated settlement in a federal and state employment discrimination disability lawsuit subject to exemption under N.C. Gen. Stat. 1C-1601(a)(8)? , LIST OF PROCEEDINGS , United States Court of Appeals for the Fourth Circuit No. 21-2037 : Wendy M. Dale, Debtor-Appellant, v. Algernon L. Butler, Ill, Trustee-Appellee Date of Final Opinion: February 28, 2022 United States District Court for the Eastern District of North Carolina Southern Division No. 7:20-CV-184-BR ; Wendy M. Dale, Appellant, v. Algernon L. Butler, III, Appellee Date of Final Order: September 14, 2021 United States Bankruptcy Court Eastern District of North Carolina Wilmington Division No. 18-05448-5-SWH In re: Wendy M. Dale, Debtor Dates of Final Orders: March 4, 2019, September 18, 2020, November 25, 2020, January 15, 2021 and January 28, 2021 | | | iv