IN RE STEWART

Bankruptcy Nos. 82C-00011, 82C-00159.

32 B.R. 132 (1983)

In re William Joseph STEWART and Janice Ilene Stewart, Debtors. In re Courtney B. FAIRBOURNE and Ileen R. Fairbourne, Debtors.

United States Bankruptcy Court, D. Utah.

July 24, 1983.


Attorney(s) appearing for the Case

Duane H. Gillman, Boulden & Gillman, Salt Lake City, Utah, for trustee in Fairbourne.

Stephen W. Rupp, McKay, Burton, Thurman & Condie, Salt Lake City, Utah, for debtors in Fairbourne.

George H. Searle, Salt Lake City, Utah, for debtors in Stewart.

Sharon Peacock, Asst. Atty. Gen., for the State of Utah.


MEMORANDUM OPINION

GLEN E. CLARK, Bankruptcy Judge.

INTRODUCTION

Debtors in these chapter 7 cases claim exemptions in wages earned but not paid on the filing dates of their petitions. Utah law, effective May 12, 1981, see 9A Utah Code Ann. §§ 78-23-1 to 78-23-15 (Utah Exemptions Act), prohibits Utah debtors from claiming exemptions under 11 U.S.C. § 522(d). Thus, debtors claim exemptions in wages under both state and federal...

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