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Opinion 382

Case Name: 

In re Powell

Judge: 
Judge Boulden
Date: 
Jan-9-1996
Case Number(s): 
91B-03362
Status: 

UNPUBLISHED

Body: 

The issue before the court was whether the thirty-day objection period provided in Fed. R. Bankr. P. 4003(b) barred the chapter 7 trustee's objection to a claimed exemption, where the property claimed had been identified, but inaccurately described, and the debtor actually was not entitled to claim the property as exempt. The trustee asked the court to circumvent the rationale in Taylor v. Freeland & Kranz, 503 U.S. 638 (1992) by requiring debtor to amend her statements and schedules to accurately reflect the precise nature of the property claimed as exempt. This would have renewed the thirty-day period within which the trustee could object to the debtor's claimed exemption. The court concluded that the trustee had sufficient notice that the debtor claimed the property as exempt to prompt further inquiry, and to trigger the thirty-day period for filing objections under Fed. R. Bankr. P. 4003(b). Since the debtor fulfilled her obligation to list the property claimed as exempt with sufficient detail to place the trustee on notice that further investigation may be required, and since an objection to the claimed exemption was not timely filed, the court ordered that the debtor was entitled to the exemption and was not required to amend her list of property claimed to be exempt.

Internal Ref: 
Opinion 382
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