IN RE KUHNEL

No. 06-8070.

495 F.3d 1177 (2007)

In re Nicholas Lee KUHNEL, also known as Nick Kuhnel; Elizabeth Ann Kuhnel, also known as Lizz Kuhnel, Debtors, R. Michele Russell, Trustee, Appellant, v. Nicholas Lee Kuhnel; Elizabeth Ann Kuhnel, Appellees.

United States Court of Appeals, Tenth Circuit.

July 25, 2007.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Frank B. Watkins, Riverton, WY, for Appellant.

Stephen R. Winship, Winship and Winship, P.C., Casper, WY, for Appellee.

Before LUCERO, BRORBY, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

This bankruptcy case requires us to examine the relationship between 11 U.S.C. § 522(g) and Federal Rule of Bankruptcy Procedure 4003(b). Section 522(g) prevents a debtor from claiming exemptions in voluntarily transferred property that the trustee recovers for the estate. Rule 4003(b) gives the trustee thirty days to object to a debtor's claimed exemptions. The bankruptcy court in this case allowed the trustee to contest an exemption...

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