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PEARSON v. KANCILIA

No. 04CA2539.

165 P.3d 775 (2006)

Michele R. PEARSON and Denise L. Fahy, Plaintiffs-Appellants, v. William E. KANCILIA, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Certiorari Granted June 26, 2007.

Attorney(s) appearing for the Case

Rick DeWitt, Englewood, Colorado, for Plaintiffs-Appellants.

Smith & Cook, L.L.C., Curtis V. Smith, Stephen C. Cook, Littleton, Colorado, for Defendant-Appellee.

Opinion by Judge ROY.

Michele R. Pearson and Denise L. Fahy (collectively, the creditors) appeal the trial court's order exempting disability insurance benefits payable to William E. Kancilia (the debtor) from garnishment. We reverse and remand with directions.

I. The Issue

The issue presented here is whether an exemption lacking statutory authority, claimed and allowed in bankruptcy, continues to protect that asset following the close of bankruptcy...

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