Bankr. No.:
94-40247
Chapter:
7
Date of Decision:
May 5, 1995
Issue:
Whether lease payment that was due pre-petition but not paid pre-petition may be declared exempt post-petition?
Ruling:
If the Trustee recovers the lease payment from the hands of the custodian under §543(b)and if the debtor has not exhausted his exemptions under S.D.C.L. § 43-45-4, the debtor may declare the lease payment exempt post-petition under § 522(g).
Full Bankruptcy Court Decision:
