Bankr. No.:
89-50093
Adv. No.:
89-5037
Chapter:
7
Date of Decision:
January 29, 1991
Issue:
(1) Whether validity of claimed exemptions may be litigated in turnover action where neither creditor or trustee timely objected to exemption? (2) Whether property Sheriff possessed pre-petition under levy is subject to turnover under § 524(a) where property is claimed exempt?
Ruling:
(1) Validity of claimed exemptions may not be litigated in turnover action where no timely objections to claimed exemptions were filed if claimed exemptions have good faith statutory basis. (2) Exempt property held by Sheriff under pre-petition levy is subject to turnover under § 524(a).
Full Bankruptcy Court Decision:
