Legal Opinion
In Re Montanaro
United States Bankruptcy Court, E.D. California
Decided February 25, 2004No. 19-20548PublishedCited by 2 opinions
1Opinion of the Court
OPINION ON OBJECTION TO CLAIM OF EXEMPTIONS, COUNTERMOTION FOR RETROACTIVE EXTENSION OF TIME, AND MOTION TO COMPEL TRUSTEE TO ABANDON RESIDENCE.
CHRISTOPHER M. KLEIN, Bankruptcy Judge.
The chapter 7 trustee’s sole contention in this objection to claim of exemptions is that the debtors’ failure to file a list of property claimed as exempt within the time specified by Federal Rule of Bankruptcy Procedure 1007(c) disentitles them to exemptions. Although the debtors’ motion for retroactive extension of time is denied because they have not shown “excusable neglect,” the trustee’s objection is…
2Cases cited9 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Kontrick v. RyanSupreme Court of the United States · 2004
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Browning Manufacturing v. Mims (In Re Coastal Plains, Inc.)Court of Appeals for the Fifth Circuit · 1999
- Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
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3Cited by2 opinions
- In Re Roots Rents, Inc.United States Bankruptcy Court, D. Idaho · 2009
- In Re LaddUnited States Bankruptcy Court, N.D. Ohio · 2011