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IN RE REILLY

No. 06-4290.

534 F.3d 173 (2008)

In re Nadejda REILLY, Debtor. William G. Schwab, Chapter 7 Trustee, Appellant.

United States Court of Appeals, Third Circuit.

Opinion filed July 21, 2008.

Attorney(s) appearing for the Case

William G. Schwab, Esquire, (Argued), Jason Z. Christman, Esquire, Lehighton, PA, for Appellant.

Gino L. Andreuzzi, Esquire, (Argued), Drums, PA, for Appellee.

Martin P. Sheehan, Esquire, Sheehan & Nugent, Wheeling, WV, for Amicus-Appellant National Association of Bankruptcy Trustees.

Before: SCIRICA, Chief Judge, AMBRO, and JORDAN, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

We decide whether a Chapter 7 trustee who does not lodge a timely objection to a debtor's exemption of personal property may nevertheless move to sell the property if he later learns that the property value exceeds the amount of the claimed exemption. Where, as here, the debtor indicates the intent to exempt her entire interest in a given property by claiming an exemption of its full value and the trustee does not...

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