Posted: October 08, 2009.
Tara Twomey of the NACBA Amicus Project has filed an amicus brief in the Sixth Circuit Court of Appeals in the case of In re Lewis, (No. 09-1777). The brief addresses the issue of whether the exemption under §522(d)(11)(E) for “a payment in compensation of loss of future earnings” allows debtors to exempt such payments in the absence of “some sort of mishap that impairs a debtor’s ability to earn wages,” as argued by the Trustee. NACBA argues that the plain meaning of the exemption provision, as well as its legislative history and the purpose behind bankruptcy to provide debtors a fresh start, precludes the interpretation endorsed by the Trustee.