Todd James Oliver

FOR PUBLICATION UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF CALIFORNIA

3 4 IN RE TODD JAMES OLIVER, ) dba T. James Construction, dba ) Case No. 22-20811-C-7 5 James Built Construction Inc., ) ) DCN No. PGM-1 6 __________________________________D_e_b_t_o_r_.___________) 7 8 OPINION 10 CHRISTOPHER M. KLEIN, Bankruptcy Judge: In this case of early impression, the debtor’s motion for an 12 order compelling abandonment of an exempt homestead on the theory 13 of inconsequential value and benefit to the estate under 11 14 U.S.C. § 554(b) is denied as premature on account of § 522(q). The value and benefit to the estate remains uncertain 16 because § 522(q)(1)(B)(ii) could limit the claimed $626,400 17 exemption to $189,050 if pending adversary proceedings alleging 18 fraud and fiduciary fraud establish there is debt arising from 19 “fraud, deceit, or manipulation in a fiduciary capacity.” Depending on the outcome of that open question of law, the 21 trustee might have more than $250,000 available to pay claims if 22 the § 522(q) cap, which was dormant in California…