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Rule 4003

In re Hecker

Sep
25
2009
Ruling
Court refused to allow individual debtor to claim homestead exemption in luxury property owned by LLC that was wholly owned by second LLC in which debtor held majority interest.
Procedural posture

Debtor sought to claim a homestead exemption under Minn. Stat. § 510.01 in a luxury, lakefront property which he occupied but did not own.

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Consumer opinion summary, case decided on September 25, 2009 , LexisNexis #1009-132
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In re Oullette

Mar
26
2009
Ruling
Real property, mobile homes and rent from one of the mobile homes were exempt property pursuant to state law.
Procedural posture

This chapter 7 case came before the court upon the trustee's objection to debtors' claim of exemption and motion for turnover.

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Consumer opinion summary, case decided on March 26, 2009 , LexisNexis #0809-061
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Grueneich v. Doeling (In re Grueneich)

Mar
11
2009
Ruling
Exemption erroneously claimed as homestead exemption and exemption in worthless stock were not indicative of bad faith.
Procedural posture

Appellant bankruptcy debtor claimed homestead exemptions in real estate which was not the debtors' homestead, without objection, and the debtor subsequently amended his schedules to claim an additional exemption in stock with no value. The debtor appealed the order of the bankruptcy court for the District of Minnesota which sustained the bankruptcy trustee's objection to the exemptions.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 11, 2009 , LexisNexis #0409-097
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In re Barrows

Jan
09
2009
Ruling
Debtors could not claim exemption in account where they knowingly understated its value in bad faith.
Procedural posture

A trustee in a chapter 7 bankruptcy case objected to the debtors' claim of exemption of the money in a checking account.

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Consumer opinion summary, case decided on January 09, 2009 , LexisNexis #0309-025
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In re Reilly

Jul
21
2008
Ruling
Trustee could not sell debtor's personal property due to failure to timely object to debtor's claimed exemptions.
Procedural posture

Appellant chapter 7 trustee moved to sell the debtor's business equipment that she had listed as personal property on her Schedule B and listed as exempt from bankruptcy on her Schedule C. The bankruptcy court denied the motion because the trustee had not filed a timely objection to the debtor's claim of exemption. The United States District Court for the Middle District of Pennsylvania affirmed. The trustee appealed.

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Consumer opinion summary, case decided on July 21, 2008 , LexisNexis #0808-070
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In re Shults

Jul
11
2007
Ruling
Claim objection deadline does not recommence upon conversion from chapter 13 to chapter 7.
Procedural posture

A bankruptcy trustee filed an amended objection to some of the debtor's claimed exemptions. The objection sought to disallow, under 11 U.S.C. § 522(o) and (p), the homestead exemption claimed by the debtor for property owned by the debtor in Rockwell, Texas. The debtor claimed that the objection was untimely.

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opinion summary, case decided on July 11, 2007 , LexisNexis #0807-070
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In re Farthing

Feb
28
2006
Ruling
Court rejected debtors' argument that trustee needed to timely object to the valuation of debtors'residence since Rule 4003(b) only required a timely objection to the exemption in the residence.
Procedural posture

Bankruptcy debtors listed the value of their residence in their schedules and claimed an exemption to the maximum amount allowed under state law, and existing liens and the exemption resulted in no equity in the residence. The debtors objected to the trustee's proposed sale of the residence for substantially more than its listed value.

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opinion summary, case decided on February 28, 2006 , LexisNexis #0406-140
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