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In re Bradley Duane Thomas

Bankr. No.: 
05-10148
Chapter: 
7
Date of Decision: 
October 12, 2005
Issue: 
Whether the trustee’s turnover motion was untimely where the deadline for filing an objection to exemptions had expired?
Ruling: 
Under the turnover motion, the trustee sought property that the debtor had not declared exempt and the excess value of property declared exempt where the value of the property exceeded the amount declared exempt. Since the debtor was being allowed his full exemptions as claimed, the trustee’s motion did not constitute an objection to exemptions and the deadline provided by Fed.R.Bankr.P. 4003(b) was not applicable.
Full Bankruptcy Court Decision: