United States First Circuit

In Chapter 7 liquidation proceeding, bankruptcy court's order surcharging debtor's interest in property listed as exempt is affirmed, as debtor's fraudulent concealment of non-exempt asset is an exceptional circumstance in which an offsetting surcharge against otherwise exempt property interests is reasonably necessary both to protect the integrity of the bankruptcy process and to ensure that a debtor exempts an amount no greater than the Bankruptcy Code permits.

Appellate Information

• Decided 08/15/2012
• Published 08/15/2012

Judges

• Souter

Court

• United States First Circuit

Counsel