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Rule 4003(b)(1)

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

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?

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

In re Daniels

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.

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

In re Woerner

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.

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