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IN RE MONTANEZ

Bankruptcy No. 98-43853-R.

233 B.R. 791 (1999)

In re Monserrate MONTANEZ, Debtor.

United States Bankruptcy Court, E.D. Michigan, Southern Division.

April 15, 1999.

Attorney(s) appearing for the Case

David Lewiston, Southfield, Michigan, for debtor.

Lawrence Friedman, Southfield, Michigan, trustee.

Opinion

STEVEN W. RHODES, Chief Judge.

In this bizarre case, the Court concludes that to prevent an abuse of process, 11 U.S.C. § 105(a), it must sustain the trustee's untimely objection to the debtor's exemption of a personal residence in which she denies and rejects any interest. The abuse lies in the debtor's attempt, through that denial, to protect herself and her daughter from the potentially severe consequences of the post-petition sale...

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