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Legal Opinion

In Re Garrido

United States Bankruptcy Court, S.D. California

Decided October 4, 1984No. 19-00444PublishedCited by 4 opinions

1Opinion of the Court

OPINION

ROSS M. PYLE, Chief Judge.

BACKGROUND

In these cases, husband and wife filed a joint voluntary petition under Chapter 7 of the Bankruptcy Code. In each case one spouse claimed exemptions under California law, including a homestead exemption under California Code of Civil Procedure § 704.710, et seq., and the other claimed federal exemptions pursuant to 11 U.S.C. § 522(d).

The trustee has objected to the joint petitioners’ claims of both federal and state exemptions and argued that these simultaneous claims were contrary to the provisions of California Code of Civil Procedure § 703.130.…

2Cases cited3 opinions

  1. Dorchy v. KansasSupreme Court of the United States · 1924
  2. In Re StaceyUnited States Bankruptcy Court, S.D. California · 1982
  3. In Re LeeUnited States Bankruptcy Court, C.D. California · 1982

3Cited by4 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

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