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April 27, 2009 |
United States Supreme Court Grants Certiorari on Two of Three Questions in Schwab v. Reilly
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On April 27, 2009, the United States Supreme Court granted certiorari on
two of three questions presented for review from the decision by the United States Court of Appeals for the Third Circuit in Schwab v. Reilly. Below, the Third Circuit
affirmed the district court's decision, which held that when the values on a debtor’s list of assets and on her claim of exemptions are equal, a
Chapter 7 Trustee must object to a debtor’s claim of exempt property within 30 days in order to retain his statutory authority to later sell property for the benefit of creditors.
Because of the wide and contradictory array of judicial decisions construing the Court's prior decision in Taylor v. Freeland & Kronz,
503 U.S. 638, 112 S. Ct. 1644, 118 L. Ed. 2d 180 (1992), the
United States Supreme Court granted review of the following questions:
When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, is the exemption limited to the specific amount claimed, or do the numbers being equal operate to "fully exempt" the asset, regardless of its true value?
When a debtor claims an exemption using a specific dollar amount that is equal to the value placed on the asset by the debtor, must a trustee who wishes to sell the asset object to the exemptions within the thirty day period of Rule 4003, even though the amount claimed as exempt and the type of property are within the exemption statute?
Full text of the Third Circuit's opinion.
This E-alert was prepared by
Justin W. Ristau. Please contact any member of the
Bricker & Eckler Creditor Rights & Bankruptcy group for more
information.
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