Ageton v. Cervenka (In Re Ageton)

OPINION

KATZ, Bankruptcy Judge:

This appeal presents questions relating to the rights of joint debtors to elect different exemption systems under 11 U.S.C. § 522(b) and the effect of different exemption claims in the same property.

The court below, 5 B.R. 323, held that where one married debtor claims an Arizona joint homestead exemption under 11 U.S.C. § 522(b)(2)(A) the joint debtor spouse may not elect to exempt property under the federal exemptions. (11 U.S.C. § 522(b)(1)). The trial judge based his decision on Arizona Revised Statute §§ 33-1101(C) and 33-1102(B) which provide that only one…