He fails to mention, however, one path that will be open to trustees after Siegel and after 2008: Fed. R. Bankr. P. 4003(b)(2). That rule provides that a trustee may still file an objection to a debtor’s claim of exemption “at any time prior to one year after the closing of the case, if the debtor fraudulently asserted the claim of exemption.” Trustees who face similar issues as Mr. Siegel have "a second bite of apple" that was unavailable to Mr. Siegel.
©Kevin C. McGee