Legal Opinion

In Re: Kenneth L. Kaelin, Debtor. Kenneth L. Kaelin v. Daniel Bassett, Patricia Bassett, John v. Labarge, Jr.

Court of Appeals for the Eighth Circuit

Decided December 3, 2002No. 02-1119PublishedCited by 65 opinions

1Opinion of the Court

MELLOY, Circuit Judge.

In this involuntary bankruptcy proceeding, Appellant/Debtor Kenneth Kaelin (Kaelin) sought to amend his listing of exempt property-Schedule C-Property Claimed as Exempt-to include an action for professional malpractice against his attorneys in a related tort action. The bankruptcy court denied Kaelin’s motion to amend Schedule C-Property Claimed as Exempt and he appealed to the Bankruptcy Appellate Panel (BAP) for the Eighth Circuit. The BAP affirmed the decision. For the reasons stated herein, we reverse and remand to the bankruptcy court to allow Kaelin to amend…

2Cases cited8 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  3. In Re O.J. OSBORN and Roma Lou Osborn, Debtors. O.J. OSBORN and Roma Lou Osborn, Appellants, v. DURANT BANK & TRUST COMPANY, AppelleeCourt of Appeals for the Tenth Circuit · 1994
  4. Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
  5. Frederick C. Lucius and Carliss Jean Lucius, Debtors-Appellants v. John C. McLemore Trustee-AppelleeCourt of Appeals for the Sixth Circuit · 1984

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3Cited by65 opinions

  1. Waldron v. BrownCourt of Appeals for the Eleventh Circuit · 2008
  2. Jody Debold v. E. Rebecca Case, Chapter 7 TrusteeCourt of Appeals for the Eighth Circuit · 2006
  3. In Re ColvinUnited States Bankruptcy Court, E.D. Michigan · 2003
  4. Bauer v. Iannacone (In Re Bauer)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
  5. In Re RollandUnited States Bankruptcy Court, C.D. California · 2004

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