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Amending the Exemptions
Without going into too much detail, 522(b) says the "debtor may exempt..."
the "may exempt" language is without qualification so it can be done at any
time. Law v. Siegel confirmed that this is true subject to state law
exceptions. Some Trustee's have successfully argued that equitable estoppel
can be used to stop a debtor from claiming an exemption. In California,
equitable estoppel is codified in evidence code section 623.
It's possible that equitable estoppel does not apply to your client but
this is a question of fact/equity which the judge will ultimately
determine. You can probably make a deal with the trustee which is what I
would recommend absent other facts.
Sincerely,
*Michael Avanesian *
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801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: (818) 276-2477 | Fax: (818) 208-4550
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On Mon, Dec 5, 2016 at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> You need an open case to amend exemptions. Its just a procedural matter
> since you amend them with the Court. How can you do that if the case is
> closed? Its not a legal aspect for which you need authority.
>
>
>
> I would also think the Trustee cannot distribute funds without reopening
> the case. Wait for him/her to do it and then file the amended exemption.
>
>
>
> Steven B. Lever
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Monday, December 05, 2016 4:04 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Amending the Exemptions
>
>
>
>
>
> Dear Listmates,
>
>
>
> Can you please point me to authority on debtor's right to amend the
> exemptions at any time?
>
>
>
> My ch 7 debtor amended her exemptions recently in order to claim funds
> received by the trustee; debtor has available exemptions.The trustee
> objected to the amendment stating that debtor can not amend the exemption
> when case has closed. Case was filed in 2013, and discharged was obtained.
>
>
>
> Thank you.
>
>
>
> Nancy Korompis
>
> Tel: 626-716-7763
>
>
>
>
>
>
>
>
>
Without going into too much detail, 522(b) says the "debtor may exempt..." the "may exempt" language is without qualification so it can be done at any time. Law v. Siegel confirmed that this is true subject to state law exceptions. Some Trustee's have successfully argued that equitable estoppel can be used to stop a debtor from claiming an exemption. In California, equitable estoppel is codified in evidence code section 623.It's possible that equitable estoppel does not apply to your client but this is a question of fact/equity which the judge will ultimately determine. You can probably make a deal with the trustee which is what I would recommend absent other facts.iv>Sincerely,Michael Avanesian
The post was migrated from Yahoo.
Reply-To: Chris Gautschi
X-Original-Return-Path: Chris Gautschi
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
There is authority that a debtor can amend exemptions at any time but then the trustee had time to object on done other basis other than just that they were amended. I will try to find the authority I have. This issue came up with a Greenwald case I had years ago.
Sent from my iPhone
> On Dec 5, 2016, at 4:07 PM, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] wrote:
>
> You need an open case to amend exemptions. Itow can you do that if the case is closed? Its not a legal aspect for which you need authority.
>
>
>
> I would also think the Trustee cannot distribute funds without reopening the case. Wait for him/her to do it and then file the amended exemption.
>
>
>
> Steven B. Lever
>
>
>
> Sent: Monday, December 05, 2016 4:04 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Amending the Exemptions
>
>
>
>
>
> Dear Listmates,
>
>
>
> Can you please point me to authority on debtor's right to amend the exemptions at any time?
>
>
>
> My ch 7 debtor amended her exemptions recently in order to claim funds received by the trustee; debtor has available exemptions.The trustee objected to the amendment stating that debtor can not amend the exemption when case has closed. Case was filed in 2013, and discharged was obtained.
>
>
>
> Thank you.
>
>
>
> Nancy Korompis
>
> Tel: 626-716-7763
>
>
>
>
>
>
>
>
>
The post was migrated from Yahoo.