In debtors' appeal from a bankruptcy court's order allowing them, pursuant to 11 U.S.C. section 522(d)(11)(E), to exempt from their bankruptcy estate only part of a settlement payment they received, the order is affirmed where: 1) debtors' contention that all of one debtor's earnings following the termination of his employment could be exempted because they would be termed future earnings under tort law was unpersuasive given the different purposes of tort law and bankruptcy law; and 2) debtors provided the bankruptcy court with no evidence based on which it could determine their actual income.
Argued November 19, 2009
Filed January 22, 2010
Opinion by Judge Kearse
Edward P. Jurkiewicz, Torrington, CT
Derek V. Oatis, Manchester, CT