Legal Opinion

In Re Rogers

United States Bankruptcy Court, D. Nevada

Decided April 9, 2002No. 19-50095PublishedCited by 7 opinions

1Opinion of the Court

ORDER DENYING OBJECTIONS TO EXEMPTION AND ORDER GRANTING REQUEST FOR JUDICIAL NOTICE

LINDA B. RIEGLE, Bankruptcy Judge.

The question before this Court is whether conversion of a case from Chapter 13 to Chapter 7 triggers a new time period within which to file objections to property claimed as exempt. Given the plain language of the statutes, this Court holds that conversion from Chapter 13 to Chapter 7 does not restart the 30-day period for filing objections under FED. R. BANKR. P. 4003(b).

Facts

The debtor, Richard Rogers (“Debtor”) filed a Chapter 13 petition on February 5, 2001. On “Schedule…

2Cases cited5 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. John Paul WilsonCourt of Appeals for the Ninth Circuit · 1980
  3. Winchester v. Watson (In Re Winchester)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1984
  4. Alderman v. Martinson (In Re Alderman)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
  5. In Re WeedUnited States Bankruptcy Court, D. Nevada · 1998

3Cited by7 opinions

  1. Campbell v. Stewart (In Re Campbell)Bankruptcy Appellate Panel of the Tenth Circuit · 2004
  2. In Re FonkeUnited States Bankruptcy Court, S.D. Texas · 2005
  3. In Re HopkinsUnited States Bankruptcy Court, E.D. Michigan · 2004
  4. O'Connor v. Leone (In re Leone)United States Bankruptcy Court, N.D. New York · 2011
  5. In Re SaundersUnited States Bankruptcy Court, E.D. Pennsylvania · 2006

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