Legal Opinion

Matter of Knox

United States Bankruptcy Court, D. Nebraska

Decided March 18, 1994No. 14-82039PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. MINAHAN, Jr., Bankruptcy Judge.

Before the court is the Trustee’s Objection to Debtors’ Exemptions and the debtors’ Amended Request to be able to receive Exempt Property. Although the Trustee’s Objection appears meritorious under both federal and state law, I conclude that under Taylor v. Freeland & Kronz, — U.S.-, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992), the Trustee is barred from objecting to exemptions beyond the objection deadline. Thus, the exemptions claimed by the debtors will be allowed, and the debtors may receive the exempt property. I further conclude that this is…

2Cases cited4 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
  3. Bankr. L. Rep. P 75,362 in Re William Hall Eleanor Hall, Debtors. James Rigby v. William Hall Eleanor HallCourt of Appeals for the Ninth Circuit · 1993
  4. First National Bank of Wahoo v. PlihalDistrict Court, D. Nebraska · 1989

3Cited by2 opinions

  1. Canino v. Bleau (In Re Canino)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1995
  2. In Re UhrichUnited States Bankruptcy Court, D. Nebraska · 2006

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