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In re Porter (Case No. 04-02529) 12/14/2004

The matter before the Court is the Chapter 7 Trustee's objection to the Debtor's claim of exemption.  The Debtor transferred real property before filing her bankruptcy petition, and on Schedule C, the Debtor claimed the transfer of property as exempt.  The Court held that the Debtor may not claim exempt a pre-petition transfer of an interest in property.  Only property that is property of the estate may be claimed as exempt.  The transfer is not property of the estate; therefore, the transfer may not be claimed as exempt. 

Date: 
Tuesday, December 14, 2004
Category: 
Exemptions
Property of the Estate
Chapter: 
7