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Exemptions

May 28, 2019

Thousands of US kindergartners unvaccinated without waivers

States are heatedly debating whether to make it more difficult for students to avoid vaccinations for religious or philosophical reasons amid the worst measles outbreak in decades, but schoolchildren using such waivers are outnumbered in many states by those who give no excuse at all for lacking their shots. A majority of unvaccinated or undervaccinated […]

May 28, 2019

Thousands of US kindergartners unvaccinated without waivers

States are heatedly debating whether to make it more difficult for students to avoid vaccinations for religious or philosophical reasons amid the worst measles outbreak in decades, but schoolchildren using such waivers are outnumbered in many states by those who give no excuse at all for lacking their shots. A majority of unvaccinated or undervaccinated […]

Aug 5, 2016

Administrative : Accident-Reporting Regulations – Exemptions – Standing

Owner-Operator Independent Drivers Association, Inc. v. Department of Transportation (MLW No 69512/Case No. 15-2090 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Jul 16, 2009

Bankruptcy: Exemptions – Social Security Payment

Carpenter v. Ries (MLW No. 59360/Case No. 08-6046 – 7 pages) (U.S. Bankruptcy Appellate Panel, Federman, B.J.) Where a debtor received a pre-petition lump sum payment of retroactive Social Security benefits, Section 407 of the Social Security Act excludes such funds from a debtor’s bankruptcy estate from the outset, so the bankruptcy court’s order, which […]

Jul 16, 2009

Bankruptcy: Exemptions – Bad Faith – 401k Loan

Barrows v. Christians (MLW No. 59363/Case No. 09-6003 – 8 pages) (U.S. Bankruptcy Appellate Panel, Schermer, B.J.) Where debtors made a deposit from a 401k loan into their checking account shortly before their filing without disclosing the amount as a transfer of assets, the debtors acted in bad faith by asserting an exemption in the […]

Mar 19, 2009

Bankruptcy: Exemptions – Untimely Objection – Bad Faith

Where a trustee in a Chapter 7 case did not timely object to the homestead exemptions claimed by the debtor, the bankruptcy court erred in sustaining his later objections to the exemptions and the court also clearly erred in finding that the trustee met his burden of proving that the debtor claimed his exemptions in […]

Jan 16, 2009

Civil Practice: Child Protection Order – Payment Of Fees – Exemptions

Where a petitioner sought a full order of protection for her children against their father, the petitioner was exempt from payment of the appellate court docket fee since the court holds the fee to be a “filing fee,” and the petitioner is also exempt from payment of guardian ad litem fees, which are court costs […]

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