In re Stoner, No. 11-10864; U.S. Bankruptcy Court (DNJ); opinion by Kaplan, U.S.B.J.; filed March 6, 2013. DDS No. 42-6-9317 [20 pp.]
The trustee, Thomas Orr, filed a motion objecting to exemptions seeking to prohibit the debtor, Robert Stoner, from claiming a homestead exemption under 11 U.S.C. § 522(d)(1) in real estate previously owned by his father. The debtor opposes the trustee’s motion and contends that he is entitled to take the exemption because the real estate passed directly to him at his father’s death and because he is permitted to amend his bankruptcy petition and schedules at any time prior to the close of his case.
