- FRBP
In re Bottger
Apr
15
2015
Ruling
Debtor could amend schedules to reassert exemption to which creditor previously objected.
Issue(s)
Could debtor reassert an exemption in a legal malpractice judgment that had previously been withdrawn upon objection?
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Court
:
- FRBP
In re Davis
Mar
16
2015
Ruling
Debtor not precluded from filing amended exemption claim absent final order on any exemption for the same asset.
Issue(s)
Could debtor's amended exemption claim be allowed over trustee's objection?
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Court
:
- FRBP
In re Scotchel
Aug
28
2014
Ruling
Objection to amended exemption in attorneys' fee overruled.
Issue(s)
Should court allow debtor attorney's amended claim of exemption in contingency fees received?
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Court
:
- FRBP
Rossi v. Westenhoefer (In re Rossi)
Mar
20
2012
Ruling
Order sustaining trustee's objection to amended claim of exemption reversed to allow debtor to present evidence regarding valuation.
Procedural posture
Debtors sought review of an order from the Bankruptcy Court for the Eastern District of Kentucky, which sustained the chapter 7 trustee's objection to the debtors' amended claim of exemptions under Fed. R. Bankr. P. 1009, an order denying debtors' motion to continue to employ counsel to represent them in state court litigation against their insurer with respect to that property.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re IFC Credit Corp.
Dec
05
2011
Ruling
Signing of original petition by debtor corporation's president, and not by lawyer, did not make case void, when promptly corrected.
Procedural posture
Debtor corporation's bankruptcy trustee and appellant creditor settled a preferences claim conditional on a determination that the bankruptcy court had jurisdiction over it. The bankruptcy court and the U.S. District Court for the Northern District of Illinois both rejected the creditor's argument that the fact that the original petition for bankruptcy was not signed by a lawyer made the bankruptcy proceeding void. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available
- FRBP
In re Allen
Jun
21
2011
Ruling
Debtors could amend schedules to delete homestead exemption in favor of wild card exemption after running of deadline for objections.
Procedural posture
After the initial objection deadline, chapter 7 debtor sought to amend their schedule of exempt property to delete the homestead and to add personal property claimed exempt under Fla. Stat. Ann. § 222.25(4). The trustee objected to the amended claimed exemptions.
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Court
:
- FRBP
In re Agee
Feb
02
2011
Ruling
Debtor's amended claim for property exemption disallowed to the extent including previously undisclosed personal injury cause of action.
Procedural posture
A chapter 7 trustee objected to a debtor's second amended claim for property exemptions under Fed. R. Bankr. P. 1009 on the ground that the debtor's failure to disclose a personal injury cause of action that he sought to exempt under N.C. Gen. Stat. § 1C-1601(a)(8) involved bad faith and on the ground that allowance of the amended claim would prejudice creditors.
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Court
:
- FRBP
In re Meyers
Jul
08
2010
Ruling
Objection to late disclosure of and exemption in tax refund overruled where initial failure to disclose and exempt was involuntary and not in bad faith.
Procedural posture
Bankruptcy debtors amended their schedules to include an income tax refund after the bankruptcy trustee intercepted and disclosed the refund. The debtors claimed an exemption in the refund and the trustee objected to the exemption based on the debtors' alleged bad faith.
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Court
:
- FRBP
In re Schellenberg
May
07
2010
Ruling
Debtors could not switch from state to federal exemptions upon conversion from chapter 13 to chapter 7.
Procedural posture
Before the court was the Chapter 7 Trustee's Objection to Debtors' Amended Schedule C Property Claimed as Exempt and debtor's Response.
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Court
:
- FRBP
In re McComber
Jan
12
2010
Ruling
Debtor could amend schedule to claim homestead exemption.
Procedural posture
A chapter 7 debtor sought to amend his schedules to add a Massachusetts homestead exemption, Mass. Gen. Laws ch. 188, § 1. The trustee objected, arguing that the amendment should be denied because it was sought in bad faith and, if it was allowed, it should not be interpreted to include a contiguous parcel of land not mentioned in the declaration of homestead.
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Court
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