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Marcus Parker
Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience:  practicing attorney including bankruptcy
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Does amending exempt prop. schedules extend the time to obje

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I have a bankruptcy case with a deadline to object to discharge 5 days from now. I just amended my exempt property schedule. Does this now mean that the deadline to object to exemption gets extended for another 30 days from the date of the amendment, and if so, does the extension only apply only to the newly added exemptions or ALL of them, even those originally listed?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Marcus Parker replied 6 years ago.

Are you confusing an "objection to exemptions" with an objection to discharge?

Rule 4003 (b) concerns an objection to exemptions.

"(b) Objections to claim of exemptions.
A party in interest may file an objection to the list of property claimed as exempt only within 30 days after the meeting of creditors held under § 341(a) is concluded or within 30 days after any amendment to the list or supplemental schedules is filed, whichever is later. The court may, for cause, extend the time for filing objections if, before the time to object expires, a party in interest files a request for an extension. Copies of the objections shall be delivered or mailed to the trustee, the person filing the list, and the attorney for that person."

Your amendment extends the time to object 30 days. Presumably this would be for any exemptions claimed.

Customer: replied 6 years ago.
Reply to XXXXX XXXXX's Post: The petition was filed on 4/22. The 341 meeting was held on 5/28. the deadline to object to exemptions was 30 days from 5/28, deadline to object to discharge is 7/28. On 7/21, I filed an amendment to my personal property and exemptions. I think there is 30 days to object to exemptions again when you amend the schedule. My question is are all of the exemptions subject to the 30 day rule, or just the newly added items?
Customer: replied 6 years ago.
But then, how could I get a discharge if there are still 30 days for someone to object to the exempt property?
Expert:  Marcus Parker replied 6 years ago.

All of the exemptions can be objected to within the additional time.

Discharge and exemptions are separate issues. You could get the discharge (which concerns your debts) 5 days from now, while waiting to see if there are objections to exemptions (which concerns your property, not your debts).

Customer: replied 6 years ago.
But what I am asking is.. does that mean I will not get my discharge until that time has passed? That it won't/can't happen after 7/28?
Expert:  Marcus Parker replied 6 years ago.
Your discharge should be issued on schedule, on July 28th.
Customer: replied 6 years ago.
If I got a discharge on schedule, what would happen if someone objected to my exempt property within 30 days of my amendment, sent yesterday? I don't understand.
Expert:  Marcus Parker replied 6 years ago.

In that case, all the scheduled debts would be discharged. You would, in effect, "no longer owe them". Say, for example, a debt you listed on your schedules was $400 borrowed from your aunt Flora.

Your claim of exemptions would still be in question. If, for example, the trustee objected to your claim of exemption (let's say for discussion purposes, that you claimed your piano as being exempt as a "musical instrument" which might be on the state list of allowable exemptions), and that objection was in due course sustained, the trustee would be able to sell the piano.

So, in the example I am making up, you would know a few days from now that Aunt Flora can't make you pay her the $400, but you will have to wait a while to see if you get to keep the piano.

Customer: replied 6 years ago.
I am sorry, but I am still confused. If the debt was discharged but an exemption not allowed, and the trustee was able to sell the asset, what would he do with the money, if no one is owed anything?
Expert:  Marcus Parker replied 6 years ago.
He would pay the creditors who's debts were discharged. That is why I put the phrase "no longer owe them" in quotes. The creditors are still "owed" discharged debts. They just can't make you pay them.
Customer: replied 6 years ago.
I am finding this all so confusing... I don't understand how if I claimed certain exemptions in my petition(including homestead), and there are 30
days passed without objection, but then I add three more exemptions, a creditor, or trustee can go back and object to my original homestead exemption? Discharge my debts, but still take my house? Because then, I wouldn't want a discharge.. but a dismissal. I read this on the web:

Use of Exempt Property During Bankruptcy

All personal Chapter 7 bankruptcies claim some property as being exempt from the bankruptcy estate. The Chapter 7 Trustee and creditors have a limited period of time, 30 days, to object to the Debtor’s proposed exemptions. If they object, an adversary proceeding is created and the Debtor must defend his objections in bankruptcy court.

What happens when the Trustee and creditors miss the 30 day deadline, but upon filing a late exemption it appears clearly the debtor’s claim of exempted property has no basis and the property in question is part of the bankruptcy estate to be sold for the benefit of creditors.

The Supreme Court of the United States has strictly applied the 30 day exemption window. See: Freeland & Kronz, 503 U.S. 638. Bankruptcy courts have held that when a debtor lists property as exempt from the estate, and neither the trustee nor the creditors object during the 30-day time period, the property no longer belongs to the estate and the debtor may use it as his own. This means that if no party objects to your claim of exemption within 30 days after the meeting of creditors, you , as debtor, may freely sell or encumber the property without need for permission from the Trustee or the court. This often comes into play when a debtor claims a homestead exemption and seeks to sell the property while in bankruptcy. Thirty days after the creditor meeting the debtor can sell his homestead, obtain title insurance for the buyer, without leave of the bankruptcy court.

posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Flor
Expert:  Marcus Parker replied 6 years ago.
Just because the trustee or creditors can have additonal time to object to your exemptions, does not mean that they are going to do so. What's more, even if they were to object, they would still have to have a basis for objection. They can't just decide to take your homestead, they would have to prove that the homestead exemption does not apply.
Customer: replied 6 years ago.
Reply to XXXXX XXXXX's Post: The reason for my concern is that I unexpectedly got married on the spur of the moment about 8 months before going bankrupt. My husband and I stayed back and forth between my house and his. I let a friend stay at my house for a short time but never actually moved out myself. All of my furniture, clothing, personal items remained in my house. I never changed my address. She started having people stay over and didn't pay me (she was paying a small amount of money to me to stay there) I got worried about my property and told her that my husband and I were both moving into the house. She indicated that she would drag out leaving, so I evicted her for non=payment, as it was the quickest way to get her out and move my husband's things in. When she moved out, I was at work, and she took some things of mine along with hers. The week she was moving out was the week I filed for bankruptcy. Now I am worried that someone could say this wasn't my homestead if I didn't start sleeping there every night until a couple of days after filing. Do I have anything to worry about?
Expert:  Marcus Parker replied 6 years ago.
No, I don't think you have cause to worry. It was your home. You don't have to be physically present in it at the exact moment you claim the homestead.
Customer: replied 6 years ago.
That is a great relief. this is my last reply and then I will pay for my answer and leave you great feedback. I had listed the person who was staying at my house as a potential claim, as I might choose to sue her for stealing my property. Presently the police are investigating this. I listed this potential claim on my petition amendment in case I do go ahead and sue her, though I highly doubt I will even bother. If asked, she would probably say that I never slept there while she was there. That is what concerns me. As soon as she stopped staying there, I started sleeping there every night again. Now my son has moved back in as well. Will this claim and eviction matter make the trustee curious enough to look into the whole homestead claim?
Expert:  Marcus Parker replied 6 years ago.
I really doubt that the trustee will even bother with talking to her. Did the stuff she took have any great value? Are you claiming that your potential lawsuit against her is exempt (based upon what it was that she took)?
Customer: replied 6 years ago.
I did claim the the potential lawsuit as exempt because the stuff would have been... it was clothing, and household items, nothing like jewelry or valuables. Some of it wasn't even mine, it was my sons and daughters. Altogether though, I listed it as $1500.00 because my lawnmower is gone and yard tools, but it probably wouldn't even be that much. I should have placed a lesser value. Also, there would be a problem even proving that she took the items. I was afraid not to include the potential claim, even though I doubt I would even bother to sue. I am hoping the police can simply get her to return my property. I just was hoping that I haven't opened a can of worms for myself by listing this, but I was just trying to complete my petition properly. You're a good lawyer.
Expert:  Marcus Parker replied 6 years ago.

Thanks for the complement. :)

Since you have claimed the potential suit as exempt, the trustee would not be interested in it. I wouldn't worry. And, in any event, your homestead claim is probably valid even if this woman's story was heard and believed.

Marcus Parker, Attorney
Category: Bankruptcy Law
Satisfied Customers: 460
Experience: practicing attorney including bankruptcy
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