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IN RE FARTHING

No. 2-05-05282 RJH.

340 B.R. 376 (2006)

In re Robert Eugene FARTHING and Ronda Sue Farthing, Debtors.

United States Bankruptcy Court, D. Arizona.

February 28, 2006.

Attorney(s) appearing for the Case

D. Lamar Hawkins, Esq., Hebert Schenk P.C., Phoenix, AZ, for Debtors.

Steven J. Brown, Esq., Steven D. Nemecek, Esq., Phoenix, AZ, for trustee.

Maureen Gaughan, Chandler, AZ, Chapter 7 Trustee.

OPINION RE TRUSTEE'S AUTHORITY TO SELL HOMESTEAD WITH EQUITY VALUE IN EXCESS OF STATUTORY LIMIT

RANDOLPH J. HAINES, Bankruptcy Judge.

The issue here is whether a trustee must object, within the time specified by Bankruptcy Rule 4003,1 to the value a debtor provides in schedules for property claimed as exempt, when there is a statutory limit to the exempt amount. The Court concludes that...

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