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In re David Giere and Nancy A. Giere

Bankr. No.: 
04-10297
Chapter: 
7
Date of Decision: 
April 12, 2005
Issue: 
Whether a default turnover order should be vacated to permit an evidentiary hearing?
Ruling: 
Due to a misunderstanding by the debtors’ counsel, the Court vacated the default order and set an evidentiary hearing. The Court also distinguished between an objection to exemptions, which has a filing deadline, and a turnover motion by a case trustee seeking equity above the amount claimed exempt, which has no filing deadline.
Full Bankruptcy Court Decision: