Consumer Bankruptcy Journal Spring 2016 | Page 24

New Opinion on New Forms and Exemptions By Wendell Sherk St. Louis Missouri Bankruptcy Attorney www.stlbankruptcy.com A s of December 1, 2015, the Official Forms changed to allow an exemption claim of “100% of fair market value (FMV) up to statutory limit” to be asserted. But what does that mean? The language comes from the Supreme Court’s 2010 Schwab v. Reilly case but, until now, the Schwab language has appeared infrequently in case law. The Schwab Court addressed when an exemption for a specific dollar amount would remove an asset from the estate so that any increase in value – or error in valuation – would go to the debtor or the estate. The Court created this new phrase to “flag” the debtor’s intention to withdraw such assets from the estate. In theory, this balances the debtor’s goals while putting the trustee and creditors on better notice than simply a dollar amount might. In the following case, Judge Marvin Isgur of the Southern District of Texas attempts to provide a clear step-by-step guide for how the new forms with the 2010 language would seem to play out in applying exemptions with dollaramount limitations (specif