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IN RE DULGARIAN

No. 101205-WB BKCY.

182 F.Supp. 954 (1960)

In the Matter of Andrew DULGARIAN, Bankrupt.

United States District Court S. D. California, Central Division.

April 14, 1960.

Attorney(s) appearing for the Case

William J. Tiernan, Los Angeles, Cal., for bankrupt.

Benjamin Chapman, Los Angeles, Cal., for respondent trustee.

Carl Yanow, Sherman Oaks, Cal., amicus curiae.

BYRNE, District Judge.

On August 5, 1959, Dulgarian filed a voluntary petition in bankruptcy and was adjudicated a bankrupt. Thereafter the trustee filed a report and an amended report of exempt property. Although a declaration of homestead has been made and duly filed which, ordinarily, makes such property exempt under California Civil Code, § 1237 et seq., the trustee refused to consider as exempt the resident real property of the bankrupt. The trustee's refusal...

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