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In re Decker

United States Bankruptcy Court, Ninth Circuit
May 10, 2010
09-10655 (B.A.P. 9th Cir. May. 10, 2010)

Opinion


In re: GERARD DECKER, Debtor(s). No. 09-10655. United States Bankruptcy Court, N.D. California. May 10, 2010.

          MEMORANDUM ON MOTION TO SURCHARGE DEBTOR'S EXEMPTIONS

          ALAN JAROSLOVSKY, Bankruptcy Judge

         The court declines to surcharge the debtor's exemptions for actions voluntarily taken by the Trustee, such as waiting for an offer that was supposedly forthcoming; the Trustee could have set time limits. Likewise, the court declines to surcharge exemptions for legal actions, such as requesting a hearing. Unless the action rises to the level of a Rule 11 violation, it would not be appropriate to surcharge an exemption.

         Just as postpetition appreciation belongs to the estate, postpetition expenses must be borne by the estate. The Trustee cannot expect the debtor to bear them, especially where the Trustee voluntarily delayed liquidation of the estate.

         The court would surcharge the debtor for the expense incurred by the estate enforcing an order the debtor violated. However, the declaration in support of the motion does not clearly establish that there was a violation of an order or how much in attorneys' fees were incurred by the estate in enforcing (as opposed to obtaining) the order.

         For the foregoing reasons, the motion will be denied without prejudice. Counsel for the debtor shall submit an appropriate form of order.


Summaries of

In re Decker

United States Bankruptcy Court, Ninth Circuit
May 10, 2010
09-10655 (B.A.P. 9th Cir. May. 10, 2010)
Case details for

In re Decker

Case Details

Full title:In re: GERARD DECKER, Debtor(s).

Court:United States Bankruptcy Court, Ninth Circuit

Date published: May 10, 2010

Citations

09-10655 (B.A.P. 9th Cir. May. 10, 2010)