In re Sinclair

MEMORANDUM OPINION AND DECISION SUSTAINING BIFURCATED OBJECTION TO CLAIM OF EXEMPTION

Gary Farrar, the Chapter 7 Trustee (“Trustee”) filed an Amended Bifurcated *555 Objection to Claim of Exemption (“Bifurcated Objection”) pursuant to the order of this court on the first Objection to Claim of Exemption. Order, Dckt. 457; Civil Minutes Dckt. 455. The Trustee objects to the “Personal Injury” exemption claimed in a “malicious prosecution suit” under California Code of Civil Procedure § 704.140 filed by Riehard Sinclair (“Debtor”).

Trustee notes that Debtor now asserts that several claims (which are not listed on Schedules B and C) exist against Andrew Katakis, California Equity Management Group, Inc., New Century Townhomes (formerly Fox Hollow of Turlock Owner’s Association), and their counsel exist. Such additional purported claims are property of the bankruptcy estate, assets in which Debtor now contends he had previously claimed an exemption on Schedule C. Those additional purported claims include: intentional infliction of emotional distress, stalking, elder abuse, violations of Due Process under the Constitution, and violations of Consumers Legal Remedies Act. Trustee…