IN RE EHR

Bankruptcy No. 87-02974.

116 B.R. 665 (1988)

In re Thomas P. EHR, Debtor.

United States Bankruptcy Court, E.D. Wisconsin.

July 27, 1988.


Attorney(s) appearing for the Case

Daryl L. Diesing, Milwaukee, Wis., for debtor.

Jack U. Shlimovitz, Milwaukee, Wis., trustee.

Herbert L. Usow, Milwaukee, Wis., for Foster Pontiac, Inc.


DECISION

JAMES E. SHAPIRO, Bankruptcy Judge.

The question for resolution is: Where the proceeds of a contemplated sale by the chapter 7 trustee of property (in this case, common stock in Foster Pontiac, Inc.1) will exceed the maximum exemption claimed by the debtor, and where the trustee did not file a timely objection to that exemption, did he waive his right to sell the stock and to retain the excess proceeds for the bankruptcy...

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