Skip to main content

Rule 1009(a)

In re Gartman

Mar
30
2007
Ruling
Debtor could not amend schedules to seek exemption for tax refund previously concealed in bad faith.
Procedural posture

Debtor filed for chapter 7 relief. Debtor did not disclose any possible tax refunds due to him in his original Schedule B filed with the petition. Debtor also did not inform the trustee prior to the meeting of creditors that he was entitled to a tax refund or that his Schedule B was incorrect. Debtor filed an amended Schedule C, seeking a $900.00 exemption for an anticipated tax refund. The trustee filed an objection to debtor's claim.

ABI Membership is required to access the full summary of In re Gartman Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on March 30, 2007 , LexisNexis #0507-014
LexisNexis Article
Learn More

In re Harris

Dec
01
2006
Ruling
Debtor could not amend schedules to claim exemptions for property that had been intentionally concealed.
Procedural posture

A debtor who filed for bankruptcy relief under chapter 7 sought to amend his claim of exemptions under Fed. R. Bankr. P. 1009(a) to list certain assets as exempt. However, a creditor and the trustee objected to both the valuation of those assets and to their exemption.

ABI Membership is required to access the full summary of In re Harris Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 01, 2006 , LexisNexis #0107-034
LexisNexis Article
Learn More
Subscribe to %1