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In re Bogan, Case No. 12-16624-7 (04/07/2015) (534 B.R. 346) -- Judge Robert D. Martin

Case Summary:
The Chapter 7 Trustee objected to the Debtor’s amended claim of exemptions shortly after the reopening of the case. The Trustee asserted that the exemption claim was filed in bad faith. At issue was the Bankruptcy Courts’ authority to deny bad faith exemptions. The Court found that the Supreme Court clearly opined in Law v. Siegel, 134 S.Ct. 1188 (2014), that bankruptcy courts do not have authority to deny a federal exemption on a ground not specified in the code. Thus, the Court could not reach the merits of the trustee’s objection because there is no codified bad faith prohibition on exemption amendments.

Statute/Rule References:
11 U.S.C. § 502(a)

Key Terms:
Bad Faith


File: 
Date: 
Tuesday, April 7, 2015