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IN RE MORALEZ

No. 77-2642.

618 F.2d 76 (1980)

In re Bankruptcy matter, Herman MORALEZ and Josephine Pearl Moralez, Debtors. Paul DeBruce WOLFF, as Chapter XIII Trustee, Appellant, v. WELLS FARGO BANK, a National Association, Appellee.

United States Court of Appeals, Ninth Circuit.

May 1, 1980.

Attorney(s) appearing for the Case

Lynn Anderson Koller, Kornfield & Koller, Oakland, Cal., for appellant.

David J. Brown, Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee.

Before TRASK, KENNEDY and TANG, Circuit Judges.

TANG, Circuit Judge:

This appeal presents the single issue whether Rule 13-307(d) of the Rules of Bankruptcy Procedure is invalid as exceeding the rule-making authority of the United States Supreme Court. We find that Rule 13-307(d) does not effect a change in substantive bankruptcy law and reverse the district court's judgment that the rule was invalid.

In August 1974, Herman and Josephine Moralez filed a petition for a Wage Earner Plan under Chapter XIII...

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