Objections to Exemptions After Law v. Siegel
Christopher Hughes wrote an article on Objections to Exemptions After Law v. Siegel that was published in American Bankruptcy Trustee Journal in the Fall, 2017 issue. In the article, Chris reviews how Trustees can still object to exemptions when Debtors are dishonest, even in light of the Supreme Court’s decision in Law v. Siegel, 134 S.Ct.1188 (2014) (Siegel), if the Debtor asserts exemptions under state law.
The article outlines several different grounds for objecting to the exemption, depending of the facts in the case and the laws of the state. However, the article also advocates for changes to the laws to allow judges the ability to sustain objections to exemptions asserted under federal law when the Debtor acts in bad faith or with prejudice to creditors.
