In re Bunn-Rodemann

MEMORANDUM OPINION AND DECISION

John Roberts, the Chapter 7 Trustee (“Trustee”) has filed an objection to exemptions claimed by BonnieJean Bunn-Rodemann (“Debtor”) in this Chapter 7 bankruptcy case. Jurisdiction for this Contested Matter exists pursuant to 28 U.S.C. §§ 1334 and 157(a), and the referral of bankruptcy cases and all related matters to the bankruptcy judges in this District. E.D. Cal. Gen 182, 223. This Objection to Claim of Exemptions is a core arising under Title 11, including 11 U.S.C. §§ 522 . 28 U.S.C. § 157 (b)(2)(A), (B), and (O).

INTRODUCTION

The Debtor has claimed an exemption with respect to rights and interests relating to real property commonly known as 1845 Hidden Hills Drive, Roseville, California (the “Property”). The Exemption claimed by the Debtor on Amended Schedule C, Dckt. 9, is stated as follows:

*134 The Trustee objects to this exemption, asserting that the asset being claimed as exempt did not exist as of the commencement of the case and will only exist if the Trustee markets and sells the Property post-petition. The monies, to be paid by the creditor from the sales proceeds subject to the creditor’s lien, were not property of the Debtor or…