9th Circ. Rejects Textualist Approach To Bankruptcy Code

By Steve Werth (May 30, 2018, 1:43 PM EDT) -- In a May 7, 2018, decision in Lee v. Field (In re Lee),[1] the U.S. Court of Appeals for the Ninth Circuit eliminated what otherwise would be a trap for the unwary trustee or creditor who commences litigation to eliminate the basis for a debtor to assert an exemption in property: the risk that such litigation will be mooted because the party failed to satisfy Federal Rule of Bankruptcy Procedure 4003(b)(1). Rule 4003(b)(1) states that a party in interest must object to a claimed exemption in property within 30 days of the debtor's meeting of creditors. The Ninth Circuit, in Lee,...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!