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IN RE BALDWIN

BAP No. CC-85-1498-MeVMo, Bankruptcy No. SA-85-02518 PE.

70 B.R. 612 (1987)

In re Forrest Dewitt BALDWIN, and Cheri Adrienne Baldwin, Debtors. Forrest Dewitt BALDWIN and Cheri Adrienne Baldwin, Appellants, v. Richard MARSHACK, Chapter 7 Trustee and U.S. Trustee, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Resubmitted October 3, 1986.

Decided January 8, 1987.

Attorney(s) appearing for the Case

David R. Kaplan, Jacoby & Meyers Law Offices, Los Angeles, Cal., for appellants.

Richard A. Marshach, Garber & Marshack, Santa Ana, Cal., for appellee.

Before MEYERS, VOLINN and MOOREMAN, Bankruptcy Judges.

MEYERS, Bankruptcy Judge:

This appeal raises a question of interpretation on which the courts are divided. California has exercised its prerogative under Section 522(b)(1) of the Bankruptcy Code ("Code") to opt out of the exemption scheme federal law provides debtors. Instead, California has enacted its own statutory scheme of exemptions. Cal.Civ.Proc. Code §§ 703.110 and 703.140. The trial court held that under...

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