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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- TAYLOR v. FREELAND & KRONZ et al.
- certiorari to the united states court of appeals for
- the third circuit
- No. 91-571. Argued March 2, 1992-Decided April 21, 1992
-
- On the schedule she filed pursuant to 522(l) of the Bankruptcy Code,
- debtor Davis listed as exempt property the expected proceeds from
- her pending employment discrimination suit. Petitioner Taylor, the
- trustee of Davis' bankruptcy estate, did not object to the claimed
- exemption within the 30-day period allowed by Bankruptcy Rule
- 4003(b). However, upon later learning that the discrimination suit
- had been settled for a substantial sum, Taylor filed a complaint in
- the Bankruptcy Court against respondents, Davis' attorneys in that
- suit, demanding that they turn over settlement proceeds as property
- of Davis' estate. Concluding that Davis had no statutory basis for
- claiming the proceeds as exempt, the court ordered respondents to
- ``return'' to Taylor a sum sufficient to pay off all of Davis' unpaid
- creditors, and the District Court affirmed. The Court of Appeals
- reversed, holding that the Bankruptcy Court had erred because Davis
- had claimed the money in question as exempt, and Taylor had failed
- to object to the claimed exemption in a timely manner.
- Held:A trustee may not contest the validity of a claimed exemption
- after the Rule 4003(b) 30-day period has expired, even though the
- debtor had no colorable basis for claiming the exemption. Pp.3-8.
- (a)Because the parties agree that Davis did not have a statutory
- right to exempt more than a small portion of the lawsuit proceeds,
- let alone the full amount, Taylor apparently could have made a valid
- objection under 522(l)-which provides, inter alia, that ``property
- claimed as exempt . . . is exempt'' ``[u]nless a party in interest
- objects,'' but does not specify the time for objecting-if he had acted
- promptly under Rule 4003(b)-which establishes the 30-day objections
- period for trustees and creditors ``unless, within such period, further
- time is granted by the court.'' Pp.3-4.
- (b)However, Taylor's failure to promptly object precludes him from
- challenging the validity of the exemption at this time, regardless of
- whether or not Davis had a colorable statutory basis for claiming it.
- By negative implication, Rule 4003(b) indicates that a trustee may
- not object after 30 days unless a further extension of time is granted.
- Because no such extension was allowed by the Bankruptcy Court in
- this case, 522(l) has made the settlement proceeds exempt. This
- Court rejects Taylor's argument that, in order to discourage debtors
- from claiming meritless exemptions merely in hopes that no one will
- object, a court may invalidate an exemption after expiration of the
- 30-day period where the debtor did not have a good-faith or reason-
- ably disputable basis for claiming it. To the extent that the various
- Code and Rules provisions aimed at penalizing debtors and their
- attorneys for improper conduct fail to limit bad-faith exemption
- claims, Congress, rather than this Court, may rewrite 522(l) to
- include a good-faith requirement. Pp.4-6.
- (c)Taylor's assertion that 105(a) of the Code permits courts to
- disallow exemptions not claimed in good faith despite the absence of
- timely objections to such exemptions will not be considered by this
- Court, since that argument was first raised in Taylor's opening brief
- on the merits and was neither raised nor resolved in the lower
- courts. Pp.6-7.
- 938 F.2d 420, affirmed.
-
- Thomas, J., delivered the opinion of the Court, in which Rehnquist,
- C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and
- Souter, JJ., joined. Stevens, J., filed a dissenting opinion.
-