NFL Player’s Concussion Injury Litigation Settlement Qualified as a Disability Policy and was therefore Exempt under 11 U.S.C. § 522(d)(10)(C)

NFL Player’s Concussion Injury Litigation Settlement Qualified as a Disability Policy and was therefore Exempt under 11 U.S.C. § 522(d)(10)(C)

THIS CASE came before the Court for a hearing on April 4, 2018, upon Trustee’s Objection to Claim of Exemption in National Football League Player’s Concussion Injury Litigation Settlement (the “Disputed Exemption”).
Debtor initiated this case by filing a voluntary petition for Chapter 7 relief in 2016. On July 5, 2016 and July 20, 2016, Debtor filed his first and second amendments to his initial Schedule C, listing property to be claimed as exempt, neither of which contained the Disputed Exemption. Trustee filed an Agreed Motion for Denial of Discharge, signed by the Debtor, on February 10, 2017, and the Court granted that motion on March 1, 2017. The Debtor will accordingly not receive a bankruptcy discharge in this case. On December 6, 2017, Trustee noticed a Rule 2004 Examination of the Debtor (the “Examination”), which was conducted on January 10, 2018. Following the Examination, Debtor filed his third amended Schedule C, which this time did include the Disputed Exemption. The Trustee subsequently filed an objection to the exemption, asserting, inter alia, that the descriptions of the underlying asset were too vague (the “initial objection”). Thereafter, a Creditor, (“FARGL” or the “Creditor”) filed a joinder into the Trustee’s initial objection. In response to the initial objection, Debtor filed his fourth amended Schedule C, which provided greater detail as to the asset in question. At the hearing on the Trustee’s initial objection, the Debtor had already filed a fourth amended Schedule C, and so the Court dismissed the matter as moot and gave the Trustee and Creditor until March 8, 2018, to object to Debtor’s fourth amended Schedule C. On March 7, 2018, Trustee filed an objection to Debtor’s fourth amended Schedule C, and FARGL subsequently joined into that objection.

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