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Matter of Stoulig

Court: Court of Appeals for the Fifth Circuit
Date filed: 1995-02-24
Citations: 45 F.3d 957
Copy Citations
16 Citing Cases
Combined Opinion
                      United States Court of Appeals,

                                    Fifth Circuit.

                                    No. 94-30411.

In the Matter of Lawrence W. STOULIG, Jr. and Adine Gray Stoulig,
Debtors.

  Lawrence W. STOULIG, Jr., and Adine Gray Stoulig, Appellees,

                                             v.

                      Cynthia Lee TRAINA, Appellant.

                                    Feb. 27, 1995.

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

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

     PER CURIAM:

     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


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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.




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