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Matter of Stoulig

United States Court of Appeals, Fifth Circuit
Feb 27, 1995
45 F.3d 957 (5th Cir. 1995)

Summary

holding that a bankruptcy court may not extend the 30-day objection period

Summary of this case from In re Perry

Opinion

No. 94-30411.

February 27, 1995.

Claude C. Lightfoot, Jr., Lilley Lightfoot, Metairie, LA, for appellant.

Robert G. Stassi, Chehardy, Sherman, Ellis, Breslin Murray, Metairie, LA, for appellees.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before REYNALDO G. GARZA, GARWOOD and DAVIS, Circuit Judges.


In this case the debtors filed under Chapter 7 of the Bankruptcy Code on December 3, 1993, claiming certain of their properties to be exempt from distribution to creditors. 11 U.S.C. § 522( l). An interim trustee was appointed December 9, 1993. On January 13, 1994, the meeting of creditors under section 341 of the Bankruptcy Code was held, and at the meeting the debtors furnished the trustee with all requested information concerning the debtors' claimed exemptions. Two days before the expiration of the thirty-day period provided for in Bankruptcy Rule 4003(b), the trustee moved for an extension of the deadline for filing objections to the claimed exemptions. On April 8, 1994, the bankruptcy court granted the trustee's motion to extend the deadline for filing objections to exemptions. The debtors appealed, and the district court reversed, holding that under rule 4003(b) the bankruptcy court was without jurisdiction to grant an extension of time to file objections to exemptions after the expiration of the thirty-day period prescribed by rule 4003(b). Lawrence W. Stoulig, Jr., et al. v. Cynthia Lee Traina, 169 B.R. 597 (E.D.La. 1994). The trustee brings this appeal. We affirm, essentially for the reasons stated in the district court's careful and well considered opinion.

AFFIRMED.


Summaries of

Matter of Stoulig

United States Court of Appeals, Fifth Circuit
Feb 27, 1995
45 F.3d 957 (5th Cir. 1995)

holding that a bankruptcy court may not extend the 30-day objection period

Summary of this case from In re Perry

In Matter of Stoulig, 45 F.3d 957 (5th Cir. 1995), the Fifth Circuit held that the bankruptcy court lacked jurisdiction to grant the trustee's timely-filed motion for an extension of time to object to the debtor's claimed exemptions after the 30-day period set forth in Rule 4003(b) expired.

Summary of this case from In re Laurain
Case details for

Matter of Stoulig

Case Details

Full title:IN THE MATTER OF LAWRENCE W. STOULIG, JR. AND ADINE GRAY STOULIG, DEBTORS…

Court:United States Court of Appeals, Fifth Circuit

Date published: Feb 27, 1995

Citations

45 F.3d 957 (5th Cir. 1995)

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