Legal Opinion
In Re Akulova
United States Bankruptcy Court, D. Delaware
Decided July 21, 2009No. 13-12864PublishedCited by 1 opinion
1Opinion of the Court
OPINION 1
CHRISTOPFER S. SONTCHI, Bankruptcy Judge.
INTRODUCTION
The issue before the Court is whether the Chapter 7 debtor may amend her schedules to substitute a personal injury claim for a different claim previously identified as exempt and abandoned by the trustee. Viewing the debtor’s request with an “equitable gloss,” the Court finds that the debtor is proceeding in bad faith and, thus, the Court will not allow the amendment of her schedules.
JURISDICTION
The Court has subject matter jurisdiction under 28 U.S.C. § 1334. Venue is proper in this district under 28 U.S.C. §§ 1408 and 1409(a).…
2Cases cited14 opinions
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- 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
- Heath v. American Express Travel Related Services Co. (In Re Heath)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Frederick C. Lucius and Carliss Jean Lucius, Debtors-Appellants v. John C. McLemore Trustee-AppelleeCourt of Appeals for the Sixth Circuit · 1984
- 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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3Cited by1 opinion
- In Re OBrienUnited States Bankruptcy Court, W.D. Michigan · 2011