Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
In the first-ever appeal from the first decision on the question, a district judge in Florida upheld Bankruptcy Judge John K. Olson of Fort Lauderdale by ruling that payments under the National Football League Players’ Concussion Injury Litigation Settlement are exempt assets under Section 522(d)(10)(C).
The chapter 7 debtor was a retired 10-year veteran of the NFL. The former All American was a
first-round pick in the 1992 NFL draft. On account of neurocognitive impairment, he claimed that whatever he receives under the concussion settlement will be exempt.
The trustee objected to the claimed exemption. Although Florida does not allow its citizens to take federal exemptions, state law allows Floridians to claim exemptions under Section 522(d)(10). Subsection (C) allows debtors to exempt the right to receive “a disability benefit, illness, or unemployment benefit.”
Judge Olson upheld the exemption claim on June 27, 2018, ruling that the payments are exempt assets under Section 522(d)(10)(C).
Related Stories
April 30, 2020
Chapter 13 plans can be extended up to 7 years 7 year Chapter 13. An…
April 29, 2020
Loan modifications under CARES Act. The law firm assists with loan modifications and mortgage relief…
April 18, 2020
Small business owners qualify for chapter 7 bankruptcy. The Coronavirus aftermath is destroying small businesses….
April 18, 2020
Glossary of Credit Terms 2-percent rule A rule of thumb to see if refinancing a…
Posted in: Debt & Bankruptcy
April 17, 2020
STEPS IN A BANKRUPCY CASE Mandatory Credit Counseling You must obtain a certificate from an…
Posted in: Debt & Bankruptcy
April 15, 2020
Convert a Chapter 13 to a Chapter 7 A chapter 13 client (currently in a…
April 14, 2020
April 14, 2020
How to file a bankruptcy book. This book discusses the “nuts and bolts” of getting a…
April 30, 2020
Chapter 13 plans can be extended up to 7 years 7 year Chapter 13. An…
April 29, 2020
Loan modifications under CARES Act. The law firm assists with loan modifications and mortgage relief…
April 18, 2020
Small business owners qualify for chapter 7 bankruptcy. The Coronavirus aftermath is destroying small businesses….
April 18, 2020
Glossary of Credit Terms 2-percent rule A rule of thumb to see if refinancing a…
Posted in: Debt & Bankruptcy
April 17, 2020
STEPS IN A BANKRUPCY CASE Mandatory Credit Counseling You must obtain a certificate from an…
Posted in: Debt & Bankruptcy
April 15, 2020
Convert a Chapter 13 to a Chapter 7 A chapter 13 client (currently in a…
April 14, 2020
April 14, 2020
How to file a bankruptcy book. This book discusses the “nuts and bolts” of getting a…