A Trustee's Deadline to Object to Exemptions is Absolutely Absolute
In 1992, the Supreme Court addressed this very issue and in spite of a trustee's argument that disallowing a late objection would merely encourage debtors to claim exemptions to which they were clearly not entitled, the Court decided that a "rule is the rule." Taylor v. Freeland & Kronz, 503 U.S. 638, 112 S.Ct. 1644, 118 L.Ed 2d 280 (1992). Otherwise, a trustee's practice of continuing creditors meetings indefinitely or simply not scheduling a continued meeting date would render the rule meaningless. A meeting that is not specifically concluded is deemed concluded if it is not continued to a specific date and time by the conclusion of the meeting or an announcement of a continued meeting made within 30 days of the last meeting.
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R. McMahon | 2011-10-09 23:27:31 | reply
This really illustrates how some trustees take advantage of debtors in their overzealous attempts to sell assets. Very helpful !!! |
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C. Freeland | 2011-10-09 23:31:08 | reply
Does anyone have any 9th Circuit cases on this point ? |
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Robert Lee | 2011-10-09 23:31:50 | reply
Yes, please email me. |
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Earnhardt | 2011-10-13 09:41:16 | reply
A few years ago I'd have to pay smoenoe for this information. |
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Uxahijrc | 2011-10-17 11:30:02 | reply
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Ollie | 2011-10-14 18:33:28 | reply
Slam dunkin like Shaquille O'Neal, if he wrote informative atrclies. |
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Jody | 2012-01-01 07:44:10 | reply
Your wbetsie has to be the electronic Swiss army knife for this topic. |
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Monkey | 2012-01-01 03:11:36 | reply
This does look promising. I'll keep conmig back for more. |
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Melissa | 2011-10-13 01:11:46 | reply
I want to send you an award for most helpful internet wrietr. |
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Lavigne | 2012-01-02 19:36:21 | reply
And I thought I was the sensible one. Thanks for settnig me straight. |