Legal Opinion

In re Dollman

United States Bankruptcy Court, D. New Mexico

Decided September 29, 2017No. 13–13057–j7PublishedCited by 4 opinions

1Opinion of the Court

ROBERT H. JACOBVITZ, United States Bankruptcy Judge

THIS MATTER is before the Court on the Chapter 7 Trustee's Amended Objection to Amendment (the "Objection") and Debtors' response. See Docket Nos. 51 and 59.1 The issue before the Court is whether the Debtors can exempt a personal injury claim arising from pre-petition injuries despite their not having listed it on their schedules or claimed it exempt before their chapter 7 case was closed. At a status conference held on August 16, 2017, the parties asked the Court to rule on the Objection based on the record, without holding an evidentiary…

2Cases cited17 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Law v. SiegelSupreme Court of the United States · 2014
  3. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  4. Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.Supreme Court of the United States · 2010
  5. United States v. Fernando Ceballos-MartinezCourt of Appeals for the Tenth Circuit · 2004

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3Cited by4 opinions

  1. Mendoza v. Montoya (In re Mendoza)Bankruptcy Appellate Panel of the Tenth Circuit · 2019
  2. In re MendozaUnited States Bankruptcy Court, D. New Mexico · 2018
  3. In re: Rose Marie WantzUnited States Bankruptcy Court, W.D. Michigan · 2023
  4. Phillip Montoya v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2019

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