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Charles Michael Vaughn, Debtor, BK 08-64060, Doc. #152

Denying Debtor’s exemptions in a watch and a boat, which Debtor concealed from the Chapter 7 Trustee, based on the Court’s authority under 11 U.S.C. § 105(a) to prevent abuse of the bankruptcy process.  Also denying Trustee’s request to surcharge Debtor’s remaining exemptions to cover the administrative costs incurred by the estate as a result of Debtor’s concealment.  The Bankruptcy Code provides specific circumstances for using a Debtor’s exempt property to satisfy administrative expenses, and provides specific remedies for a debtor’s failure to turnover estate property, but the circumstances of Debtor’s case did not justify using the Court’s equity power to grant a surcharge. 

File: 
Date: 
11/25/2008