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IN RE PHILLIPS

Nos. 96-33445 BDM, C97-2754 TEH.

218 B.R. 520 (1998)

In re Charles PHILLIPS and Jean Phillips, Debtors. Charles PHILLIPS and Jean Phillips, Appellants, v. Kevin C. MAYER and Scott D. Mayer, Appellees.

United States District Court, N.D. California.

February 19, 1998.

Attorney(s) appearing for the Case

Matthew J. Shier, Poppin & Shier, San Francisco, CA, for Appellants.

Penn Ayers Butler, Tobias S. Keller, Murphy Weir & Butler, San Francisco, CA, for Appellees.

ORDER

HENDERSON, District Judge.

This matter came before the Court on the appeal of appellants Charles Phillips and Jean Phillips, debtors in a Chapter 13 proceeding. Appellants ask that this Court reverse the bankruptcy court's decision refusing to allow appellants to claim an exemption for a private retirement plan pursuant to Cal.Code Civ. Proc. § 704.115(a)(1). Appellees request an award for costs and expenses, arguing that the appeal is...

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