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IN RE MORALEZ

No. C-75-0766 WHO.

400 F.Supp. 1352 (1975)

In re Herman MORALEZ and Josephine Pearl Moralez, Debtors. Paul DeBruce WOLFF, as Chapter XIII Trustee, Appellant, v. WELLS FARGO BANK, national association, Appellee.

United States District Court, N. D. California.

July 3, 1975.

Attorney(s) appearing for the Case

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

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

OPINION

ORRICK, District Judge.

This appeal from an order of the bankruptcy court presents the question whether Rule 13-307(d) of the Bankruptcy Rules (prescribed pursuant to 28 U.S.C. § 2075 and which became effective on October 1, 1973) modifies a substantive right in violation of 28 U.S.C. § 20751 and is, therefore, of no legal effect. Meek v. Centre County Banking

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