In re Aubry

MEMORANDUM DECISION AFTER TRIAL ON CONTESTED MATTER OF TRUSTEE’S MOTION FOR ORDER: (1) DISALLOWING DEBTOR’S AMENDED EXEMPTION IN STRUCTURED SETTLEMENT ANNUITY AND PROCEEDS THEREOF; OR (2) IN THE ALTERNATIVE, IF THE COURT DECIDES TO ALLOW SUCH AMENDED EXEMPTION, CONDITIONING ALLOWANCE OF AMENDED EXEMPTION ON PAYMENTS OF FEES OF TRUSTEE AND HIS GENERAL COUNSEL

Pending before the court is the Motion of the Chapter 7 Trustee Jason M. Rund *335 (“Trustee”) for Order: (1) Disallowing Debtor’s Amended Exemption In Structured Settlement Annuity and Proceeds Thereof; or (2) In the Alternative, if the Court Decides to Allow Such Amended Exemption, Conditioning Allowance of Amended Exemption On Payments of Fees of Trustee and His General Counsel (“Motion”). ECF (Electronic Case Filing or Docket Number) 45. Debtor Divine M. Aubry (“Debtor”) filed an opposition to the Motion, ECF 47, and Trustee filed a reply thereto, ECF 48. Trustee then filed evi-dentiary objections to Debtor’s declaration, which was attached to Debtor’s opposition, ECF 49, and a supplemental reply to Debtor’s opposition, ECF 50.

The Motion initially came on for hearing before the undersigned United States Bankruptcy Judge…