In Re Rollins

AMENDED MEMORANDUM DECISION

This matter is before the court on the motion of the United States Trustee to surcharge the chapter 7 trustee the sum of $3i,456.03.

Statement of Facts

On July 10, 1992, Michelle Evon Rollins filed a voluntary chapter 7 petition. Her schedules, particularly Schedule B, indicated that she was entitled to receive, prior to the commencement of her case, an inheritance from the probate estate of her grandfather. She estimated that she would receive $15,000 from the estate, which was being probated in Los Angeles, and she exempted $7,400 of the expected inheritance. Ms. Rollins’ schedules contained no other information, such as the probate court case number, the name and address of the executor, or the name and address of the attorney for the executor.

On August 4, 1992, the trustee, who is also an attorney, conducted the first meeting of creditors. Predictably, the topic of the inheritance came up. Ms. Rollins testified that the inheritance would be between $15,000 and $20,000 for each of the four heirs (herself and three sisters), that the inheritance was all cash, that she had not yet received the inheritance, and that she did not have a copy of the…