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?
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Court
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Judge or Jurisdiction information not available
- FRBP
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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Court
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- FRBP
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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Court
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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.
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Court
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- FRBP
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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Court
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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.
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Court
:
- FRBP
In re Petrosine
Sep
13
2012
Ruling
Exemptions disallowed due to deliberate concealment of assets.
Procedural posture
Objections to amended exemption claims asserted by debtor were filed by a creditor that was debtor's ex-employer and the chapter 7 trustee. At issue was whether the objectors had established, by the preponderance of the evidence required by Fed. R. Bankr. P. 4003, that the exemptions were properly disallowed.
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Court
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- FRBP
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.
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Court
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- FRBP
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.
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Court
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- FRBP
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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Court
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