Dear Fellow Members:
???????? Has anyone of our members recently had to serve on Jury Duty in LA County??? I been assigned my week of Jury Duty for next week, May 4-8th.? Wondered if anyone in our Association had any advise for me regarding TIMING of checking in over the weekend and each night and anything else that may help me.? I have a very heavy Court calendar in Roybal that week and trying to figure out the best way to strategize it.? I want to do my duty but also need to be available for all my clients.? Any advise will be helpful and greatly appreciated.?
Please call me personally at 213.840.7800.???
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To:
cdcbaa@yahoogroups.com
Sent: Mon, 27 Apr 2009 8:55 am
Subject: [cdcbaa] Supreme Court Grants Cert on Exemption Case
Today, the Supreme Court granted cert in Schwab v. Reilly, Docket: 08-538, to be argued next term.
Issue:
1. When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, is the exemption limited to the specific amount claimed, or do the numbers being equal operate to "fully exempt" the asset, regardless of its true value?
2. When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, must a trustee who wishes to sell the asset object to the exemptions within the thirty day period of Rule 4003, even though the amount claimed as exempt and the type of property are within the exemption statute?
The Third Circuit Court of Appeals ruled for the debtor saying:
We decide whether a Chapter 7 trustee who does not lodge a timely objection to a debtor's exemption of personal property may nevertheless move to sell the property if he later learns that the property value exceeds the amount of the claimed exemption. Where, as here, the debtor indicates the intent to exempt her entire interest in a given property by claiming an exemption of its full value and the trustee does not object in a timely manner, we hold that the debtor is entitled to the property in its entirety.
Given the Supremes propensity for reversing circuits, this might not be good. You can access the 3rd Circuit's opinion on my blog,
www.lawprofessorblogs.com. My brief on the case is in the materials for the Review program with Judge Jury which is posted in the files section of this list serve. JH
Dear Fellow Members:
Has anyone of our members recently had to serve on Jury Duty in LA County? I been assigned my week of Jury Duty for next week, May 4-8th. Wondered if anyone in our Association had any advise for me regarding TIMING of checking in over the weekend and each night and anything else that may help me. I have a very heavy Court calendar in Roybal that week and trying to figure out the best way to strategize it. I want to do my duty but also need to be available for all my clients. Any advise will be helpful and greatly appreciated.
Please call me personally at 213.840.7800.
Keith Alan Higginbotham
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176 (Office)
213.613.1200 (Fax)
Higginbothamlaw@aol.com
To:
cdcbaa@yahoogroups.com
Sent: Mon, 27 Apr 2009 8:55 am
Subject: [cdcbaa] Supreme Court Grants Cert on Exemption Case
Today, the Supreme Court granted cert in Schwab v. Reilly, Docket: 08-538, to be argued next term.
Issue:
1. When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, is the exemption limited to the specific amount claimed, or do the numbers being equal operate to "fully exempt" the asset, regardless of its true value?
2. When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, must a trustee who wishes to sell the asset object to the exemptions within the thirty day period of Rule 4003, even though the amount claimed as exempt and the type of property are within the exemption statute?
The Third Circuit Court of Appeals ruled for the debtor saying:
We decide whether a Chapter 7 trustee who does not lodge a timely objection to a debtor's exemption of personal property may nevertheless move to sell the property if he later learns that the property value exceeds the amount of the claimed exemption. Where, as here, the debtor indicates the intent to exempt her entire interest in a given property by claiming an exemption of its full value and the trustee does not object in a timely manner, we hold that the debtor is entitled to the property in its entirety.
Given the Supremes propensity for reversing circuits, this might not be good. You can access the 3rd Circuit's opinion on my blog,
www.lawprofessorblogs.com. My brief on the case is in the materials for the Review program with Judge Jury which is posted in the files section of this list serve. JH
The post was migrated from Yahoo.