In re Woerner – Plain Meaning and Trickeration

By John P. Gustafson, Chapter 13 Trustee for the Northern District of Ohio, Western Division

Bankruptcy has some unforgiving deadlines.  Like the deadline for objecting to a debtor’s claim of exemption.

Under Taylor v. Freeland & Kronz, 503 U.S. 638, 112 S.Ct. 1644, 118 L.Ed.2d 280 (1992), the Supreme Court held that a trustee may not object to a claimed exemption after the 30 day deadline expires.

If the trustee doesn’t object within 30 days of the conclusion of the first meeting of creditors, it doesn’t matter how meritorious the trustee’s objection . . .

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