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IN RE REGEVIG

No. 2:08-BK-02547-RJH.

389 B.R. 736 (2008)

In re Matthew G. REGEVIG and Angelia M. Regevig, Debtors.

United States Bankruptcy Court, D. Arizona.

June 24, 2008.

Attorney(s) appearing for the Case

Charles M. Leftwich, Esq., Clark Law Office, Scottsdale, AZ, for Debtors.

Terry A. Dake, Esq., Terry A. Dake, Ltd., Phoenix, AZ, for Ch 7 Trustee Jill Ford.

OPINION RE CONSTITUTIONALITY OF CALIFORNIA'S BANKRUPTCY-SPECIFIC EXEMPTION STATUTE

RANDOLPH J. HAINES, Bankruptcy Judge.

This issue here is whether a State may adopt an exemption statute that becomes available only when the debtor files a bankruptcy case. The Court concludes this is impermissible under the Supremacy Clause.

Background Facts.

California statutes provide two sets of exemptions. One of them, California Code of Civil Procedure...

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