Wednesday, March 31, 2010

March 2010 6th Circuit Bankruptcy Case Summaries

Moyer v. Hollinshead (B.A.P.)
Debtor did not disclose an entitlement to a tax refund on the bankruptcy schedules. After the trustee filed a motion to compel turnover of the refund, Debtor filed an amendment to the schedules claiming an exemption to keep the refund. The Court noted that Bankruptcy Rule 1009(a) allows amendment of the schedules at any time before a case is closed and further determined that the record did not contain evidence of bad faith sufficient to deny the Debtor's amendment.