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IN RE PHILLIPS

Bankruptcy No. 96-33445BDM.

206 B.R. 196 (1997)

In re Charles PHILLIPS and Jean Phillips, Debtors.

United States Bankruptcy Court, N.D. California.

As Corrected March 17, 1997.

Attorney(s) appearing for the Case

Matthew J. Shier, Poppin & Shier, San Francisco, CA, for Charles & Jean Phillips, Debtors.

Tobias S. Keller, Murphy, Weir & Butler, San Francisco, CA, for Scott & Kevin Mayer, Objecting Parties.

MEMORANDUM DECISION

DENNIS MONTALI, Bankruptcy Judge.

I. Introduction

This case involves a clash of policies, pitting a tradition of generous California exemptions and a liberal attitude in favor of debtors who claim them against the time-honored notion that a person may not enjoy the use of his or her assets through a personal trust that attempts to insulate those assets from the trustor's creditors. This case also appears to be one of first...

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