Hawk v. Engelhart (In re Hawk)

OPINION AND ORDER

MELINDA HARMON, UNITED STATES DISTRICT JUDGE

The above referenced appeal seeks reversal of a Final Judgment by Chief Bankruptcy Judge Jeff Bohm,1 in a case addressing an issue of first impression, requiring Appellant Gregory D. Hawk (“Hawk”) to pay Chapter 7 Trustee Eva S. Engelhart (“the Trustee”) $129,895.76 because he withdrew exempt retirement funds after no party in interest timely objected to his claimed exemption,2 but before the bankruptcy case was closed. The legal issue before Judge Bohm, and now before this Court, is does the Fifth Circuit’s recent holding in…