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In re Simpson, Case No. 14-13126-7 (09/23/2015) -- Judge Catherine J. Furay

Case Summary:
The Court overruled the Trustee’s objection to the Debtor’s claim of exemptions. The Debtor claimed an exemption in a personal injury claim 10 months after filing the bankruptcy petition, even though the claim arose pre-petition and the Trustee gave the Debtor repeated reminders to claim the exemption on his schedules. The Trustee argued that the exemption was not timely filed under Wis. Stat. § 815.18(6)(a). Section 815.18(6)(a) states an exemption may be claimed within a reasonable time after seizure, but shall be claimed prior to disposition of the property. Harmonizing Wis. Stat. § 815.18(6)(a) with Rule 1009, the closure of the case is a reasonable time after seizure. Therefore, § 815.18(6)(a) is to be read broadly, in conjunction with Rule 1009, to allow a debtor to amend his exemptions to add additional claims up until the time the case is closed.

Statute/Rule References:
Wis. Stat. § 815.18 -- Exemptions

Key Terms:
Exemptions


Date: 
Wednesday, September 23, 2015