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Auslander v. Murray

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Summarizing by David Bury

Lee v. Field

To suffice as an objection to exemption, a complaint must be filed within 30 days of the creditors’ meeting.

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Case Type:
Consumer
Case Status:
Affirmed
Citation:
No. 15-17451 (9th Circuit, May 07,2018) Published
Tag(s):
Ruling:
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of objection, and affirming turnover order of property in which debtor claimed exemption. Trustee's avoidance action adequately notified debtor of objection to claim of exemption within deadline under FRBP 4003. Separate objection was unnecessary.
Procedural context:
Bankruptcy court (D. Hawaii) granted trustee's motion for turnover of property over debtor's objection. Debtor appealed to District Court, and District Court affirmed. Debtor appealed to 9th Circuit.
Facts:
Before filing bankruptcy, debtor transferred his interests in two properties into a tenancy-by-the-entirety estate. After filing bankruptcy, debtor claimed an exemption in those interests under 11 USC 522(b)(3). Chapter 7 trustee sued to avoid the transfers, and then sought to compel turnover of the properties. Debtor argued that trustee failed to timely object to the claim of exemption under FRBP 4003.
Judge(s):
O'Scannlain, Clifton, Ikuta

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