Legal Opinion
Russell v. Kuhnel (In Re Kuhnel)
Court of Appeals for the Tenth Circuit
Decided July 25, 2007No. 06-8070PublishedCited by 20 opinions
1Opinion of the Court
McCONNELL, Circuit Judge.
This bankruptcy case requires us to examine the relationship between 11 U.S.C. § 522(g) and Federal Rule of Bankruptcy Procedure 4003(b). Section 522(g) prevents a debtor from claiming exemptions in voluntarily transferred property that the trustee recovers for the estate. Rule 4003(b) gives the trustee thirty days to object to a debtor’s claimed exemptions. The bankruptcy court in this case allowed the trustee to contest an exemption under § 522(g) after the Rule 4003(b) deadline had run, but the Bankruptcy Appellate Panel (BAP) held that the trustee’s objection was…
2Cases cited9 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Paul v. MontsCourt of Appeals for the Tenth Circuit · 1990
- Fidelity Financial Services, Inc. v. FinkSupreme Court of the United States · 1998
- In Re John L. Glass, Debtor. John L. Glass v. Michael Hitt, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1995
- In Re William E. BRAYSHAW, Debtor. H. Christopher CLARK, Trustee-Appellant, v. William E. BRAYSHAW, Debtor-AppelleeCourt of Appeals for the Tenth Circuit · 1990
4 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In Re BallardCourt of Appeals for the Tenth Circuit · 2008
- In re WestbyUnited States Bankruptcy Court, D. Kansas · 2012
- Wagers v. Lentz & Clark, P.A.Court of Appeals for the Tenth Circuit · 2007
- In re MickensUnited States Bankruptcy Court, W.D. Michigan · 2017
- Hagan v. MickensDistrict Court, W.D. Michigan · 2018
15 more not listed; retrieve them via the Exa API.