Legal Opinion

In re Gray

United States Bankruptcy Court, D. Arizona

Decided September 16, 2013No. 3:13-bk-08071-RJHPublished

1Opinion of the Court

OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO CLAIMED EXEMPTIONS

RANDOLPH J. HAINES, Chief Judge.

Trustee objects, on grounds of bad faith, to the Debtors’ amended claim to exempt prepaid rent in the amount of $900. The Court finds bad faith and sustains the objection.

Factual Background

Debtors filed this Chapter 7 case on May 14, 2013, and filed their Schedules that same day. Schedule B reflected personal property worth $900 consisting of a “Security Deposit with Landlord,” and Schedule C claimed that asset as exempt pursuant to Arizona law.1 Neither Schedule reflected or claimed as…

2Cases cited7 opinions

  1. Andermahr v. Barrus (In Re Andermahr)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1983
  2. Tyner v. Nicholson (In Re Nicholson)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
  3. Wudrick v. ClementsCourt of Appeals for the Ninth Circuit · 1971
  4. Gill v. Stern (In re Stern)Court of Appeals for the Ninth Circuit · 2003
  5. Murphey v. Crater (In Re Crater)United States Bankruptcy Court, D. Arizona · 2002

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