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Rule 4003(c)

In re Tallerico

Jun
30
2015
Ruling
Burden of proof on objection to debtor's claimed state law exemption was to be determined by state law and could not be altered by the Federal Rules of Bankruptcy Procedure.
Issue(s)
May Federal Rule of Bankruptcy Procedure 4003(c) be applied to assign the burden of proof on an objection to a state-law claim of exemption in a manner contrary to state law?

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Consumer opinion summary, case decided on June 30, 2015 , LexisNexis #0715-140
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In re Charles

Feb
05
2013
Ruling
Debtor's amended, increased homestead exemption denied for bad faith.
Procedural posture

A chapter 7 trustee objected to a debtor's claim of amended exemption under N.D.C.C. § 28-22-03 on the grounds that his amendment claiming an increased homestead exemption was made in bad faith.

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Consumer opinion summary, case decided on February 05, 2013 , LexisNexis #0213-138
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In re Wenstrom

Jan
28
2013
Ruling
Objection to homestead exemption overruled where trustee failed to show that debtor abandoned interest in homestead equity.
Procedural posture

A chapter 7 bankruptcy trustee filed an objection to the homestead exemption claimed by the debtor on the ground that the debtor did not have a recognizable homestead interest in the property at the time she petitioned the court for bankruptcy relief.

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Consumer opinion summary, case decided on January 28, 2013 , LexisNexis #0213-104
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In re White

Jun
22
2010
Ruling
Trustee's objection to exemptions sustained and turnover ordered due to debtor's failure to produce business records.
Procedural posture

This matter came before the court on the Amended Objection to Debtors' Claim of Exemptions and the Motion for Turnover of Property of the Estate filed by the chapter 7 Trustee against debtors.

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Consumer opinion summary, case decided on June 22, 2010 , LexisNexis #0910-064
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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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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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