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In re Hicks

In re Hicks

Ruling
Debtors were not entitled to claim exemption in equity in vehicle recovered by trustee from lien avoided by trustee except for amount vehicle was worth above lien amount.
Procedural posture

A chapter 7 trustee objected to debtors'claimed exemptions in a car on the ground that any equity in the car resulted from his powers under 11 U.S.C. § 544 and therefore, debtors could not claim an exemption pursuant to 11 U.S.C. § 522(g).

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opinion summary, case decided on May 09, 2006 , LexisNexis #0706-008