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IN RE PEREZ

No. 2-03-07641-PHX-RJH.

302 B.R. 661 (2003)

In re James Anthony PEREZ, Debtor.

United States Bankruptcy Court, D. Arizona.

December 18, 2003.

Attorney(s) appearing for the Case

Randy Nussbaum, Kevin J. Rattay, Jaburg & Wilk, P.C., Scottsdale, AZ, for Debtor.

Ronald L. Hoffbauer, Esq., Phoenix, AZ, Chapter 13 Trustee.

Rex C. Anderson, Shapiro & Anderson, LLP, J. Matthew Derstine, Roshka, Heyman & Dewulf, PLC, Teresa H. Foster, Ellis & Baker, P.C., Irena Jurasova, Allen & Sala, PLC, Phoenix, AZ, Mark A. Shields, Gillespie & Associates, PC, Mesa, AZ, for creditors.

OPINION

RANDOLPH J. HAINES, Bankruptcy Judge.

The Debtor has asserted exemptions as to community property that state law makes available to his non-filing spouse. The Trustee has objected, asserting that both the Bankruptcy Code and state law only permit an individual to claim exemptions personal to him, and that nondebtors are not entitled to list their own exemptions in a bankruptcy case. The Court sustains the Debtor's claimed exemptions because the Bankruptcy...

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