Prior to bankruptcy Debtor voluntarily gave a second mortgage to his father to secure a debt. Debtor did not claim an exemption in property, and property was worth no more than total mortgage debt. Trustee subsequently avoided the mortgage as a preference and preserved the lien for the estate. Debtor then amended Schedule C to claim full exemption. Trustee objected. Held: Trustee’s objection granted. Under section 551(g)(1), a debtor may claim exemption in property recovered by the trustee only if the debtor did not voluntarily make the transfer.
NOT INTENDED FOR PUBLICATION
File:
Date:
10/28/2004