IN RE RHODES

No. 380-03619, Adv. No. 381-0170.

14 B.R. 629 (1981)

In re J. Kenneth RHODES, Debtor. J. Kenneth RHODES, Plaintiff, v. Larry STEWART, Trustee; the State of Tennessee; and the United States of America, Defendants.

United States Bankruptcy Court, M.D. Tennessee.

September 22, 1981.


Attorney(s) appearing for the Case

Harry D. Lewis, Nashville, Tenn., for plaintiff.

Larry Stewart, Nashville, Tenn., for trustee.

Margaret M. Huff, Asst. U.S. Atty., Nashville, Tenn., for United States.

Kate Eyler, Asst. Atty. Gen., Nashville, Tenn., for the State of Tenn.


MEMORANDUM

RUSSELL H. HIPPE, Jr., Bankruptcy Judge.

This matter is before the court on the complaint of a debtor attacking the efficacy of legislation enacted by the Tennessee General Assembly denying residents of this state the right to claim the federal bankruptcy exemptions provided by 11 U.S.C. § 522(d). The pertinent provision of the Bankruptcy Reform Act of 1978 which appears to grant the states such authority...

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