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Dannie L. Bennett, Jr. & Maria J. Bennett, Ch. 13, BK23-80623-BSK (Jan. 24, 2024)

The court overruled an objection to a claim of exemptions under Neb. Rev. Stat. § 25-1552(1).

As to the assertion that the exempted property was potentially incorrectly valued, the court said if the property is worth less than claimed, the excess exemption claimed was not necessary. If any item of property is worth more than the debtors claimed, the excess value remains available for the bankruptcy estate. If the property is worth materially more than claimed or if the debtor did not schedule assets, the remedy is an objection to or revocation of discharge.

As to the assertion that the exemptions were somehow fraudulent, the court pointed out that a generic “scheme of fraud” allegation has not been found to be a valid objection to a wildcard exemption under either federal or state law. Moreover, the objection did not plead fraud with particularity as required by Fed. R. Civ. P. 9.

Finally, the evidence was sufficient to sustain the claimed exemptions.

Date: 
Wednesday, January 24, 2024
Judge: 
Judge Brian S. Kruse