Skip to main content

Rule 4003(b)

Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli)

Dec
15
2015
Ruling
Bankruptcy court erred in holding that trustee could not file a late objection to a homestead exemption on grounds of fraud.
Issue(s)
Was trustee's objection to debtor's claimed homestead exemption properly overruled as untimely where it was not filed within 30 days of date set for the first meeting of creditors?

ABI Membership is required to access the full summary of Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on December 15, 2015 , LexisNexis #0116-138
LexisNexis Article
Learn More

In re Daniels

Jan
29
2013
Ruling
Trustee's motion to dismiss for failure to include settlement funds in plan denied due to failure to file timely objection.
Procedural posture

Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their creditors. The court confirmed the debtors' plan in February 2012, and in September 2012 a trustee who was appointed to administer the debtors' plan filed a motion to dismiss the debtors' case for failure to modify their plan. The court held a hearing on the trustee's motion.

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

Consumer opinion summary, case decided on January 29, 2013 , LexisNexis #0213-103
LexisNexis Article
Learn More

In re Woerner

Sep
25
2012
Ruling
Objection to exemptions filed within 30 days of debtor's most recent amended schedules was timely.
Procedural posture

Before the court was the Objection to Debtor's Exemptions filed by creditors and parties in interest ("objectors"). Although no response was filed, debtor contested the timeliness as well as the substance of the Objection at hearing.

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

Consumer opinion summary, case decided on September 25, 2012 , LexisNexis #1012-103
LexisNexis Article
Learn More

In re Hernandez

Jun
14
2012
Ruling
Trustee's objection to debtor's timely motion to amend value of cause of action and related exemption denied.
Procedural posture

The chapter 7 trustee filed an objection to debtor's motion to inform an amendment of his schedules B and C to change the value of a case he held as plaintiff in a non-federal court of first instance, and to amend his claimed exemptions, under 11 U.S.C.S. § 522, based on that new value.

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

Consumer opinion summary, case decided on June 14, 2012 , LexisNexis #0712-098
LexisNexis Article
Learn More

In re Roberts

Dec
29
2010
Ruling
Trustee's objection to debtor's homestead exemption overruled as untimely raised.
Procedural posture

A Chapter 7 trustee filed an objection to a debtor's claim of a homestead exemption on the grounds that she abandoned her homestead under Iowa law. The trustee also argued that the debtor was not entitled to use the Iowa homestead exemption extraterritorially for California property.

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

Consumer opinion summary, case decided on December 29, 2010 , LexisNexis #0111-139
LexisNexis Article
Learn More

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.

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

opinion summary, case decided on July 11, 2007 , LexisNexis #0807-070
LexisNexis Article
Learn More

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.

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

opinion summary, case decided on February 28, 2006 , LexisNexis #0406-140
LexisNexis Article
Learn More
Subscribe to %1