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IN RE SMITH

Bankruptcy No. C80-0325-M.

8 B.R. 375 (1980)

In re Gordon King SMITH, fdba Gordon Smith Insurance, and Marilyn Collette Smith, aka Marilyn Collette Mannisto, aka Marilyn Higgins, Case No. 80-01768-M, Debtors. Gordon King SMITH and Marilyn Collette Smith, Plaintiffs, v. BANK OF GLENWOOD and Philip J. Giacinti, Jr., Trustee, Defendants.

United States Bankruptcy Court, S.D. California.

December 30, 1980.

Attorney(s) appearing for the Case

James McCafferty, San Diego, Cal., for debtors.

Philip J. Giacinti, Jr., San Diego, Cal., trustee.

MEMORANDUM OPINION REGARDING AVAILABILITY OF FEDERAL EXEMPTIONS TO JOINT DEBTORS IN CALIFORNIA COMMUNITY PROPERTY

JAMES W. MEYERS, Bankruptcy Judge.

I

This controversy concerns the extent to which joint debtors under Chapter 7 of the United States Bankruptcy Code ("Code") may avail themselves of the exemptions provided for under Section 522(d) of the Code. See 11 U.S.C. § 522(d). On July 3, 1980, the debtors filed their Chapter 7 petition...

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