Where a Chapter 7 debtor fails to disclose the location of his Mercedes which he intended to surrender, fails to produce documents relating to the ownership of his property, and invokes his Fifth Amendment rights against self-incrimination, the Court appropriately denied the debtor a discharge. (Preston) In re Appleby, 2021 WL 5121854 (Bankr. S.D. Ohio, Nov. 3, 2021) Case Summary...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Conversion from Chapter 7 to 13 triggered new exemption objection period. Although Rule 1019(2)(B) only addresses a new objection period upon conversion of a case to Chapter 7 and there is no Rule specifically addressing conversion to Chapter 13, Rule 4003(b)(1) provides for objections within 30 days after conclusion of the § 341 meeting. After conversion to Chapter 13, a new § 341 meeting was held in the converted case and the objection was filed within 30 days of its conclusion. The court disagreed with the line . . .
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