United States v. Elic L. Gilliam

28 U.S.C. § 3202 (b) provides:

This court determines that Elic L. Gilliam did not receive the proper notice under 28 U.S.C. § 3202 (b) to apprise him of his rights to exempt some of his personal property from the writ of execution. In particular, Gilliam’s notice listed only some exemptions under Virginia state law, none under Oregon law, and none under federal law pursuant to 28 U.S.C. § 3014 (a), which exempts, in relevant part, property as specified in 11 U.S.C. § 522 (d). Under this provision, Gilliam may have a claim that at least some of his interest in one motor vehicle and in some of his farm equipment are exempt. Because Gilliam was not provided notice of this federal exemption or any relevant exemptions under Oregon law, as required by 28 U.S.C. § 3202 (b), we REMAND to the district court for the proper notice to be sent to Gilliam and for a hearing to be held if Gilliam applies therefor under 28 U.S.C. § 3014 (b)(2).