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Editor's Note :

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Schwab v. Reilly

Docket No. Op. Below Argument Opinion Vote Author Term
08-538 3rd Cir. Nov 3, 2009
Tr.
Jun 17, 2010 6-3 Thomas OT 2009

Holding: Someone who files for bankruptcy is allowed to retain the value of certain property that would otherwise be sold to pay her debts, up to a certain dollar limit. If the debtor initially declares that the property is worth less than that limit, but it turns out that the property is worth more than the limit, the trustee administering the bankruptcy process can keep the money above the limit for the creditors, even if the trustee did not object initially when the debtor first declared the property's value.

Judgment: Reversed and remanded, 6-3, in an opinion by Justice Clarence Thomas on June 17, 2010. Justice Ginsburg dissented, joined by Chief Justice Roberts and Justice Breyer.

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