In re Villegas
Mar
22
2007
Ruling
Debtor could not claim exemption in property recovered by trustee despite lack of objection.
Procedural posture
The chapter 7 trustee recovered a postpetition transfer under the authority of 11 U.S.C. § 550. The debtor, following the recovery, claimed a homestead exemption in the property. The trustee asserted that under the express language of 11 U.S.C. § 522(g), the debtor could not claim an exemption in the recovered property even though no objection to the debtor's claimed exemption was filed.
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Court
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