Wendy M. Dale v. Algernon L. Butler, III
DueProcess JusticiabilityDoctri
1. Is a pro se debtor required to cite to an appli
cable 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 prohibi
ting 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 exemp
tion 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 exemp
tion 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?
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. lC-1601(a)(8)?
Is a pro se debtor required to cite to an applicable exemption statute in order to effectively claim an exemption under said statute?