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In re Charles Schomaker and Jeanette Schomaker

Bankr. No.: 
87-10040
Chapter: 
7
Date of Decision: 
September 13, 1988
Issue: 
Leave to amend schedules and turnover.
Ruling: 
Rule 1009; In re Williamson, 804 F.2d 1355 (5th Cir. 1986); Lucius v. McLemore, 741 F.2d 125 (6th Cir. l984); Tignor v. Parkinson, 729 F.2d 977 (4th Cir. 1984). See 8 Collier on Bankruptcy para. 4003.03[2] (1988); See also Redmont v. Tuttle, 698 F.2d 414 (10th Cir. 1983); In re Doan, 672 F.2d 831 (11th Cir. l982). The Court ruled that the proposed amendment was timely and that claimed additional exemptions are allowed. AND Rule 4003(b) - allows objections to the amendment to be filed within 30 days after its filing. Rule 1009 - requires the debtor to give notice of the amendment to the trustee and "any entity affected thereby". COURT ruled proper notice was not given so the amendment will not become effective until any objection is filed and denied, or the thirty day period has passed without objection. TURNOVER - Rule 7001(1) - Turnover was also denied because of lack of proper notice and for the reason that it was not brought as an adversarial action.
Full Bankruptcy Court Decision: