Legal Opinion

Frederick C. Lucius and Carliss Jean Lucius, Debtors-Appellants v. John C. McLemore Trustee-Appellee

Court of Appeals for the Sixth Circuit

Decided August 23, 1984No. 83-5641PublishedCited by 80 opinions

1Per curiam

This case raises the question when a debtor may amend his filed schedules to add to the list of exempted property. We hold that under Rule 110 of the old Federal Rules of Bankruptcy Procedure and Rule 1009 of the new Rules the debtor may amend his list as a matter of course at any time before the close of the case.

The debtors, Frederick C. and Carliss Jean Lucius, filed a voluntary petition in bankruptcy on October 20, 1982. The Luci-uses filed a Schedule B-4, claiming as exempt property clothing, household goods and furnishings, and an income tax refund. The Luciuses also filed statements…

2Cases cited8 opinions

  1. In the Matter of Arthur Gershenbaum, Bankrupt. Appeal of Arthur GershenbaumCourt of Appeals for the Third Circuit · 1979
  2. Andermahr v. Barrus (In Re Andermahr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  3. Lester Shackman Shirkey, Jr. v. John G. Leake, TrusteeCourt of Appeals for the Fourth Circuit · 1983
  4. In Re BrewerUnited States Bankruptcy Court, M.D. Tennessee · 1982
  5. In Re MaxwellUnited States Bankruptcy Court, N.D. Georgia · 1980

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3Cited by80 opinions

  1. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
  2. 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
  3. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  4. Magallanes v. Williams (In Re Magallanes)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
  5. In Re: Kenneth L. Kaelin, Debtor. Kenneth L. Kaelin v. Daniel Bassett, Patricia Bassett, John v. Labarge, Jr.Court of Appeals for the Eighth Circuit · 2002

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