Arnold v. Gill (In Re Arnold)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that bad faith and prejudice must be shown, at a minimum, by preponderance of the evidence, and potentially by clear and convincing evidence
• acknowledging that disallowing amended exemptions based on bad faith or prejudice represents “judge-made exceptions”
• acknowledging that disallowing amended exemptions based on bad faith or prejudice represents “judge-made exceptions”
• stating prejudice requires that creditors “suffer an actual economic loss” as a result of the debtor's delay in claiming an exemption
• conditioning allowance of amended exemption on payment of trustee's fees and costs in pursuing exempted cause of action
• conditioning allowance of amended exemption on payment of trustee's fees and costs in pursuing exempted cause of action

Source: CourtListener parenthetical corpus (CC0).