Legal Opinion

Arnold v. Gill (In Re Arnold)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided August 16, 2000No. BAP No. CC-99-1480-MOPB. Bankruptcy No. LA 96-15706-BRPublishedCited by 96 opinions

1Opinion of the Court

OPINION

MONTALI, Bankruptcy Judge.

In this case we explain the clear difference between two alternative grounds for disallowance of debtors’ untimely claim of exemptions: bad faith, and prejudice to third parties. We stress the need for concrete evidence of bad faith, and reiterate that delay alone is not bad faith, and that prejudice, once ameliorated, is not a basis to deny a claim of exemption.

Debtors William J. Arnold, III (‘William Arnold”) and Nonie Arnold (collectively, the “Arnolds”) amended their Schedules B and C to include a state court personal injury action, which was settled for…

2Cases cited37 opinions

  1. Grogan v. GarnerSupreme Court of the United States · 1991
  2. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  3. Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985
  4. In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
  5. Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, AppelleeCourt of Appeals for the Ninth Circuit · 1999

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3Cited by96 opinions

  1. Atwood v. Chase Manhattan Mortgage Co. (In Re Atwood)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
  2. Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
  3. Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
  4. Greene v. SavageCourt of Appeals for the Ninth Circuit · 2009
  5. Lopez v. Specialty Restaurants Corp. (In Re Lopez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002

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