Frank Ostroff and Maria T. Ramirez Ostroff

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
FRANK OSTROFF and MARIA T.
RAMIREZ OSTROFF,
Debtors.
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Case No. 09-00594
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION RE OVERRULING OBJECTION TO EXEMPTION
On August 7, 2009, the debtors commenced this chapter 7 case
(Dkt. No. 1). 	In their schedule C they claimed as exempt certain
real property located at 3210 Volta Place, N.W., Washington,
D.C., citing D.C. Code § 15-501(a)(1). 	On September 9, 2009, the
§ 341 meeting of creditors was held and the chapter 7 trustee
later issued a report of no distribution. 	On November 5, 2009,
creditor American Home Mortgage filed an objection to exemption,
arguing that the exemption on 3210 Volta Place should be denied
because the debtors cited the wrong D.C. Code provision in
support of their exemption (Dkt. No. 28).
Notwithstanding that the debtors did cite the wrong
exemption provision of the D.C. Code, American Home Mortgage’s
objection must fail. 	Fed. R. Bankr. Proc. 4003(b)(1) provides
The document below is hereby signed.
Signed: November 25, 2009.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
Case 09-00594 Doc 33 Filed 11/27/09 Entered 11/27/09 11:30:13 Desc Main
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that:
[A] party in interest may file an objection to the list
of 	property 	claimed 	as 	exempt 	within 	30 	days 	after 	the
meeting 	of 	creditors 	held 	under 	§ 	341 	is 	concluded 	or
within 	30 	days 	after 	any 	amendment 	to 	the 	list 	or
supplemental schedules is filed, which is later.
American Home Mortgage filed their objection to the debtors’
exemptions 57 days after the meeting of the creditors concluded.
Moreover, the debtors have neither filed any amendments to their
list of exemptions nor supplemental schedules that would have the
effect of extending the deadline for objections. 	Consequently,
American Home Mortgage’s objection is untimely and, therefore,
barred. 	A separate order follows.
[Signed and dated above.]
Copies to: Debtors; Debtors’ attorney; American Home Mortgage;
Chapter 7 Trustee.
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