In Re: Leonard L. Riendeau, Debtor, Leonard L. Riendeau, Debtor-Appellant v. John R. Canney (Chapter 7 Tr.), Tr.-Appellee, 336 F.3d 78 (2d Cir. 2003). · Go Syfert
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In Re: Leonard L. Riendeau, Debtor, Leonard L. Riendeau, Debtor-Appellant v. John R. Canney (Chapter 7 Tr.), Tr.-Appellee, 336 F.3d 78 (2d Cir. 2003). Cases Citing This Book View Copy Cite
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cited 5× by 5 distinct cases · “A lack of probable cause generally creates an inference of malice.”
cited 4× by 4 distinct cases · “Once we find an issue of material fact as to probable cause, the element of malice also becomes an issue of material fact as well.”
14 citation events (14 in the last 25 years) across 12 distinct courts.
Strongest positive: Derek Allen and Melinda Allen v. James Moorcroft (vt, 2012-03-15)
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discussed Cited "see" Derek Allen and Melinda Allen v. James Moorcroft
Vt. · 2012 · signal: see · confidence high
See In re Riendeau, 293 B.R. 832, 836 (D.Vt. 2002) (“Relevant Vermont case law, although meager, underscores [12 V.S.A.] § 3170’s plain meaning, and demonstrates that it was enacted to establish the legal process by which a judgment debtor’s earnings are sought to be garnished by a judgment creditor.”), aff’d, 336 F.3d 78 (2d Cir. 2003).
cited Cited "see" In Re Mordkin
D.D.C. · 2011 · signal: see · confidence high
See In re Riendeau, 293 B.R. 832 (D.Vt.2002), aff'd, 336 F.3d 78 (2nd Cir.2003).
cited Cited "see" In Re Jones
Bankr. S.D. Ohio · 2005 · signal: see · confidence high
See Riendeau v. Canney (In re Riendeau), 293 B.R. 832, 838 (D.Vt.2002), aff'd on other grounds 336 F.3d 78 (2nd Cir.2003); In re Brissette, 561 F.2d 779, 784-85 (9th Cir.1977).
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In Re: Leonard L. Riendeau, Debtor, Leonard L. Riendeau, Debtor-Appellant
v.
John R. Canney (Chapter 7 Trustee), Trustee-Appellee
02-5066.
Court of Appeals for the Second Circuit.
Jul 9, 2003.
336 F.3d 78
Published
5 passages pin-cited by 12 cases
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Citer courts: S.D. New York (4) · Second Circuit (3) · E.D. New York (3) · N.D. New York (2)

336 F.3d 78

In re: Leonard L. RIENDEAU, Debtor,
Leonard L. Riendeau, Debtor-Appellant,
v.
John R. Canney (Chapter 7 Trustee), Trustee-Appellee.

Docket No. 02-5066.

United States Court of Appeals, Second Circuit.

Submitted: June 27, 2003.

Decided: July 9, 2003.

Appeal from the judgment of the United States District Court for the District of Vermont (William K. Sessions, III, Chief Judge) affirming the decision of the United States Bankruptcy Court for the District of Vermont (Colleen A. Brown, Judge). Because we agree that debtor may not exempt the claimed pre-petition income from the bankruptcy estate under Vt. Stat. Ann. tit. 12, § 3170(b), we affirm.

Kathleen Walls, Middlebury, VT, for Debtor-Appellant.

John R. Canney, III, Rutland, VT, for Trustee-Appellee.

Before: STRAUB and POOLER, Circuit Judges, and HURD, Judge.[*]

PER CURIAM.

1

Debtor-Appellant Leonard L. Riendeau ("Riendeau") is a Vermont dairy farmer who has filed for Chapter 7 bankruptcy. After he filed for bankruptcy protection, Riendeau received a check in payment for prior milk production as well as a federal milk-subsidy check. Riendeau claims that this post-petition income is exempt from the bankruptcy estate under 12 Vt. Stat. Ann. tit. 12, § 3170(b). The United States District Court for the District of Vermont (William K. Sessions, III, Chief Judge) affirmed the order of the United States Bankruptcy Court for the District of Vermont (Colleen A. Brown, Judge) sustaining the Trustee's objection to the claimed exemption. Both the Bankruptcy Court and the District Court concluded that § 3170(b) applies only when trustee process has been initiated under Vermont law and may not be invoked as an independent state exemption under 11 U.S.C. § 522(b)(2). We affirm for the reasons stated in Chief Judge Session's opinion and order. See In re Riendeau, 293 B.R. 832, 2002 WL 32113751 (D.Vt.2002).

Notes:

*

The Honorable David N. Hurd, United States District Judge for the Northern District of New York, sitting by designation