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United States Supreme Court


Schwab v. Reilly, 08-538

In a Chapter 7 bankruptcy trustee's appeal from the Third Circuit's affirmance of the bankruptcy court's order denying the trustee permission to auction certain equipment so that the debtor could receive the money she claimed exempt and the estate could distribute the remaining value to creditors, the order is reversed where, because debtor gave -the value of [her] claimed exemption[s]- on Schedule C dollar amounts within the range the Code allows for what it defines as the -property claimed as exempt,- the trustee was not required to object to the exemptions in order to preserve the estate-s right to retain any value in the equipment beyond the value of the exempt interest.

Appellate Information

  • Decided 06/17/2010
  • Published 06/17/2010

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  • United States Supreme Court

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