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Rule 1009(a)

In re Bottger

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Could debtor reassert an exemption in a legal malpractice judgment that had previously been withdrawn upon objection?

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Consumer opinion summary, case decided on April 15, 2015 , LexisNexis #0116-034

In re Davis

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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Consumer opinion summary, case decided on March 16, 2015 , LexisNexis #0415-033

In re Scotchel

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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Consumer opinion summary, case decided on August 28, 2014 , LexisNexis #0914-136

In re IFC Credit Corp.

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
Commercial opinion summary, case decided on December 05, 2011 , LexisNexis #1211-138

In re Allen

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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Consumer opinion summary, case decided on June 21, 2011 , LexisNexis #0811-035

In re Meyers

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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Consumer opinion summary, case decided on July 08, 2010 , LexisNexis #0910-137

In re Schellenberg

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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Consumer opinion summary, case decided on May 07, 2010 , LexisNexis #0710-099

In re McComber

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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Consumer opinion summary, case decided on January 12, 2010 , LexisNexis #0210-102

In re Gravermann

Ruling
Amendment of schedules to claim exemption in personal injury case proceeds more than three years after petition date denied.
Procedural posture

The chapter 7 debtors filed an amended Schedule C claiming an exemption in the proceeds of a lawsuit settlement under 735 ILCS 5/12-1001(h)(4) as a payment on account of personal bodily injury. The trustee objected.

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Consumer opinion summary, case decided on December 10, 2009 , LexisNexis #0110-137

In re Wunderlich

Ruling
Former bankruptcy attorney not allowed to amend schedules due to evidence of bad faith.
Procedural posture

Following the court's denial of a chapter 7 debtor's claimed property exemptions under New Hampshire law, the debtor pursuant to Fed. R. Bankr. P. 1009(a) amended Schedule C to claim property exempt under New York law. A creditor filed an objection.

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opinion summary, case decided on June 06, 2007 , LexisNexis #0807-035