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IN RE LAURAIN

No. 96-5093.

113 F.3d 595 (1997)

In re Victoria Johnston LAURAIN, Debtor. David G. ROGERS, Trustee, Plaintiff-Appellee, v. Victoria Johnston LAURAIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 15, 1997.

Attorney(s) appearing for the Case

David G. Rogers (briefed), Rogers & Easter, Brentwood, TN, for Plaintiff-Appellee.

Joseph P. Rusnak (briefed), Tune, Entrekin & White, Nashville, TN, for Defendant-Appellant.

Before: KENNEDY, CONTIE, and NORRIS, Circuit Judges.

KENNEDY, J., delivered the opinion of the court, in which NORRIS, J., joined. CONTIE, J. (pp. 600-03), delivered a separate dissenting opinion.

OPINION

KENNEDY, Circuit Judge.

This appeal presents an issue of first impression in this Circuit: Does a bankruptcy court's failure to rule on a timely filed FED. R. BANKR.P. 4003(b) motion for an extension of time to file objections to a claimed exemption of property from the bankrupt estate divest the...

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