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IN RE AGETON

BAP No. 80-1036.

14 B.R. 833 (1981)

In re Richard V. AGETON, Jr., and Opal B. Ageton, Debtors. Richard V. AGETON, Jr., and Opal B. Ageton, Appellants, v. Edward CERVENKA and Sylvia Cervenka, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided July 24, 1981.

Attorney(s) appearing for the Case

Patricia Wendel, Mesch, Clark & Rothschild, P.C., Tucson, Ariz., for appellants.

Robert C.C. Heaney, Tucson, Ariz., for appellees.

Bruce Bridegroom, Bridegroom & Hayes, Tucson, Ariz., for amicus curiae.

Before HUGHES, LASAROW and KATZ, Bankruptcy Judges.

OPINION

KATZ, Bankruptcy Judge:

This appeal presents questions relating to the rights of joint debtors to elect different exemption systems under 11 U.S.C. § 522(b) and the effect of different exemption claims in the same property.

The court below, 5 B.R. 323, held that where one married debtor claims an Arizona joint homestead exemption under 11 U.S.C. § 522(b)(2)(A) the joint debtor spouse may not elect...

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