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IN RE EMMERICH

Bankruptcy Nos. NC 81-1014 KVL, NC 81-1015 and NC 81-1023.

19 B.R. 666 (1982)

In re James Edward EMMERICH and Ann Louise Emmerich, Appellants, v. Bill H. LAMPI, Trustee, Appellee. Arthur Gary DILL and Claudia Lee Dill, Appellants, v. Bill H. LAMPI, Trustee, Appellee. Gerald A. AGUILAR and Lorretta Aguilar, Appellants, v. Bill LAMPI, Trustee, Appellee.

United States Bankruptcy Appellate Panels Of The Ninth Circuit.

Decided January 21, 1982.

April 27, 1982.

Attorney(s) appearing for the Case

Robert L. Ward, Ward & Rinn, Oakland, Cal., for appellants.

Bill H. Lampi, Hayward, Cal., for appellee.

Before KATZ, VOLINN and LASAROW, Bankruptcy Judges.

OPINION

KATZ, Bankruptcy Judge:

This appeal is a consolidation of three cases which were decided together in the trial court. The sole question to be decided is whether joint debtors may "stack" their exemptions by one spouse claiming property which is exempt under California law, while the other spouse claims property exempt under Federal law.

The debtors, ARTHUR and CLAUDIA DILL, filed a voluntary petition for relief under Chapter 7 of the Bankruptcy...

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