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Legal Opinion

In Re Stacey

United States Bankruptcy Court, S.D. California

Decided October 5, 1982No. 19-00369PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OF OPINION RE: TRUSTEE’S OBJECTIONS TO CLAIM OF EXEMPTIONS

HERBERT KATZ, Bankruptcy Judge.

On September 27,1982, this court entered an order declaring § 690(b)(1) of the California Code of Civil Procedure unconstitutional as being in violation of the Supremacy Clause of the United States Constitution. This memorandum is issued to explain that ruling.

These debtors filed a joint voluntary Chapter 7 proceeding on April 28, 1982.

Mr. Stacey elected to claim certain properties as exempt under state law, while Mrs. Stacey selected the federal exemptions provided in 11 U.S.C. § 522(d). The…

2Cases cited2 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Ageton v. Cervenka (In Re Ageton)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981

3Cited by7 opinions

  1. Baldwin v. Marshack (In Re Baldwin)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
  2. In Re LennenUnited States Bankruptcy Court, N.D. California · 1987
  3. In Re RegevigUnited States Bankruptcy Court, D. Arizona · 2008
  4. In Re PetruzzelliUnited States Bankruptcy Court, E.D. California · 1992
  5. In Re GarridoUnited States Bankruptcy Court, S.D. California · 1984

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