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: