Baldwin v. Marshack (In Re Baldwin)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
MEYERS, Bankruptcy Judge:
This appeal raises a question of interpretation on which the courts are divided. California has exercised its prerogative under Section 522(b)(1) of the Bankruptcy Code (“Code”) to opt out of the exemption scheme federal law provides debtors. Instead, California has enacted its own statutory scheme of exemptions. Cal.Civ.Proc.Code §§ 703.110 and 703.140. The trial court held that under this law a married couple who file jointly are limited to a single set of exemptions. The trial court’s position is identical to that taken by the court in In re Nygard, 55 B.R. 623,…
2Cases cited30 opinions
- McGowan v. MarylandSupreme Court of the United States · 1961
- Loving v. VirginiaSupreme Court of the United States · 1967
- Maine v. ThiboutotSupreme Court of the United States · 1980
- Flemming v. NestorSupreme Court of the United States · 1960
- Zablocki v. RedhailSupreme Court of the United States · 1978
25 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- United Student Funds, Inc. v. Wylie (In Re Wylie)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2006
- Pieri v. Lysenko (In Re Pieri)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Raymond L. Asher v. Film Ventures International, Inc. (In Re Film Ventures International, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988
- Sticka v. Applebaum (In Re Applebaum)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- In Re LennenUnited States Bankruptcy Court, N.D. California · 1987
15 more not listed; retrieve them via the Exa API.