In re Awayda
United States Bankruptcy Court, C.D. Illinois
1Opinion of the Court
OPINION
Mary P. Gorman, United States Chief Bankruptcy Judge
This matter is before the Court following a hearing on an Objection to Claim of Exemptions and a Motion for Turnover Order filed by Kristin Wilson, Chapter 7 trustee (“Trustee”). The Trustee challenges the Debtor’s claimed exemption in proceeds from the sale of her homestead on the basis that the exemption could expire at a later date. Because the exemption was validly claimed as of the petition date, however, the Debtor is unconditionally entitled to the exemption regardless of any potential postpetition developments. The Trustee’s…
2Cases cited27 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
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- Owen v. OwenSupreme Court of the United States · 1991
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