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IN RE COLLINS

Bankruptcy No. 81-01243-A, Adv. No. 82-0004-A.

24 B.R. 485 (1982)

In re Lucius COLLINS, Jr., Marilyn L. Collins, Debtors. Lucius COLLINS and Marilyn Collins, Plaintiffs, v. Gordon P. PEYTON, Trustee, Defendant.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

November 9, 1982.

Attorney(s) appearing for the Case

Bryan S. Ross, Washington, D.C., Benjamin Pelton, Arlington, Va., for debtors.

Gordon P. Peyton, Alexandria, Va., Trustee in Bankruptcy.

MEMORANDUM OPINION

MARTIN V.B. BOSTETTER, Jr., Bankruptcy Judge.

The debtors herein have filed a complaint for declaratory judgment seeking a ruling from this Court that Section 34-17 of the Code of Virginia is unconstitutional. The case arises from an attempt by the debtors to amend Schedule B-4 of their petition in bankruptcy and claim as exempt anticipated federal and state income tax refunds. The Trustee in Bankruptcy objects to the amendment.

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