IN RE NICHOLSON

BAP No. EC-09-1356-KwPaJu. No. 09-24547.

435 B.R. 622 (2010)

In re Laurence R. NICHOLSON and Joyce V. Nicholson, Debtors. Karen Tyner; Applied Science, Inc., Appellants, v. Laurence R. Nicholson; Joyce V. Nicholson, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Submitted June 29, 2010.

Original Opinion Filed July 16, 2010.

Amended Opinion Filed July 29, 2010.


Attorney(s) appearing for the Case

Meredith Edelman , Los Angeles, CA, for Karen Tyner; Applied Science, Inc.

Kenrick Young , Law Offices of Kenrick Young, Sacramento, CA, for Laurence and Joyce Nicholson.

Before: KWAN, PAPPAS and JURY, Bankruptcy Judges.


AMENDED OPINION

KWAN, Bankruptcy Judge.

Chapter 7 debtors, Laurence R. Nicholson and Joyce V. Nicholson amended their bankruptcy schedules to claim an exemption in shares of stock in Applied Science, Inc. ("ASI"). The trustee objected to the amendment on the ground that the debtors had claimed the exemption in bad faith. Karen Tyner, who had joined in the trustee's objection, and ASI appeal the bankruptcy court's order overruling the objection and denying...

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