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In re Davis

Ruling: 
Debtor not precluded from filing amended exemption claim absent final order on any exemption for the same asset.
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Consumer case opionion summary, case decided on March 16,2015, LexisNexis #0415-033

Rossi v. Westenhoefer (In re Rossi)

Debtors sought review of an order from the Bankruptcy Court for the Eastern District of Kentucky, which sustained the chapter 7 trustee's objection to the debtors' amended claim of exemptions under Fed. R. Bankr. P. 1009, and an order denying debtors' motion to continue to employ counsel to represent them in state court litigation against their insurer with respect to that property.
Ruling: 
Order sustaining trustee's objection to amended claim of exemption reversed to allow debtor to present evidence regarding valuation.
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Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-068

In re IFC Credit Corp.

Debtor corporation's bankruptcy trustee and appellant creditor settled a preferences claim conditional on a determination that the bankruptcy court had jurisdiction over it. The bankruptcy court and the U.S. District Court for the Northern District of Illinois both rejected the creditor's argument that the fact that the original petition for bankruptcy was not signed by a lawyer made the bankruptcy proceeding void. The creditor appealed.
Ruling: 
Signing of original petition by debtor corporation's president, and not by lawyer, did not make case void, when promptly corrected.
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Commercial case opionion summary, case decided on December 05,2011, LexisNexis #1211-138

In re Allen

After the initial objection deadline, chapter 7 debtor sought to amend their schedule of exempt property to delete the homestead and to add personal property claimed exempt under Fla. Stat. Ann. § 222.25(4). The trustee objected to the amended claimed exemptions.
Ruling: 
Debtors could amend schedules to delete homestead exemption in favor of wild card exemption after running of deadline for objections.
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Consumer case opionion summary, case decided on June 21,2011, LexisNexis #0811-035

In re Agee

A chapter 7 trustee objected to a debtor's second amended claim for property exemptions under Fed. R. Bankr. P. 1009 on the ground that the debtor's failure to disclose a personal injury cause of action that he sought to exempt under N.C. Gen. Stat. § 1C-1601(a)(8) involved bad faith and on the ground that allowance of the amended claim would prejudice creditors.
Ruling: 
Debtor's amended claim for property exemption disallowed to the extent including previously undisclosed personal injury cause of action.
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Consumer case opionion summary, case decided on February 02,2011, LexisNexis #0311-035

In re Meyers

Bankruptcy debtors amended their schedules to include an income tax refund after the bankruptcy trustee intercepted and disclosed the refund. The debtors claimed an exemption in the refund and the trustee objected to the exemption based on the debtors' alleged bad faith.
Ruling: 
Objection to late disclosure of and exemption in tax refund overruled where initial failure to disclose and exempt was involuntary and not in bad faith.
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Consumer case opionion summary, case decided on July 08,2010, LexisNexis #0910-137

In re Schellenberg

Before the court was the Chapter 7 Trustee's Objection to Debtors' Amended Schedule C Property Claimed as Exempt and debtor's Response.
Ruling: 
Debtors could not switch from state to federal exemptions upon conversion from chapter 13 to chapter 7.
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Consumer case opionion summary, case decided on May 07,2010, LexisNexis #0710-099

In re McComber

A chapter 7 debtor sought to amend his schedules to add a Massachusetts homestead exemption, Mass. Gen. Laws ch. 188, § 1. The trustee objected, arguing that the amendment should be denied because it was sought in bad faith and, if it was allowed, it should not be interpreted to include a contiguous parcel of land not mentioned in the declaration of homestead.
Ruling: 
Debtor could amend schedule to claim homestead exemption.
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Consumer case opionion summary, case decided on January 12,2010, LexisNexis #0210-102

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