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IN RE ARNOLD

BAP No. CC-99-1480-MOPB. Bankruptcy No. LA 96-15706-BR.

252 B.R. 778 (2000)

In re William J. ARNOLD, III, and Nonie Arnold, Debtors. William J. Arnold, III and Nonie Arnold, Appellants, v. David A. Gill, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided August 16, 2000.

Attorney(s) appearing for the Case

William J. Arnold, III and Nonie Arnold, Corona, CA, Pro se Appellants.

Robert A. Hessling, Danning, Gill, Diamond & Kollitz, Los Angeles, CA, for Ch. 7 Trustee.

Before MONTALI, PERRIS and BRANDT, Bankruptcy Judges.

OPINION

MONTALI, Bankruptcy Judge.

In this case we explain the clear difference between two alternative grounds for disallowance of debtors' untimely claim of exemptions: bad faith, and prejudice to third parties. We stress the need for concrete evidence of bad faith, and reiterate that delay alone is not bad faith, and that prejudice, once ameliorated, is not a basis to deny a claim of exemption.

Debtors William J. Arnold, III ("William Arnold...

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