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Opinion 447

Case Name: 

In re Grogan, 300 B.R. 804 (Bankr.D.Utah)

Judge: 
Judge Boulden
Date: 
Oct-27-2003
Case Number(s): 
02-36231
Status: 

PUBLISHED

Body: 

Debtors failed to disclose settlement proceeds and the bank account into which the funds were deposited on their statements and schedules. The Chapter 7 trustee discovered the undisclosed assets and sought turnover of the settlement proceeds to the estate. After several months of delay, the debtors amended their schedules by listing the settlement proceeds as an asset and also claiming the funds as exempt property. The trustee objected to the amended objection claiming the omission of the settlement proceeds was intentional. The Court found that the debtors acted in bad faith in claiming the exemption on assets belatedly disclosed in amended schedules. The delayed exemption claim was disallowed for both bad faith and prejudice to creditors of the estate and debtors were required to turnover the settlement proceeds to the trustee.

Internal Ref: 
Opinion 447
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