United States Third Circuit

Where a Chapter 7 bankruptcy debtor indicates the intent to exempt her entire interest in a given property by claiming an exemption of its full value and the trustee does not object in a timely manner, the debtor is entitled to the property in its entirety, even if it is later discovered that the property has a higher value than the exempted amount.

Appellate Information

• Argued 11/06/2007
• Decided 07/21/2008
• Published 07/21/2008

Judges

• Before:  SCIRICA, Chief Judge, AMBRO, and JORDAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• William G. Schwab, Esquire, (Argued), Jason Z. Christman, Esquire, Lehighton, PA, for Appellant., Martin P. Sheehan, Esquire, Sheehan & Nugent, Wheeling, WV, for Amicus-Appellant National Association of Bankruptcy Trustees.


• For Appellees:
  
• Gino L. Andreuzzi, Esquire, (Argued), Drums, PA, for Appellee.