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IN RE APPLEBAUM

BAP No. OR-09-1134-MkHPa. Bankruptcy No. 08-63391.

422 B.R. 684 (2009)

In re David Michael APPLEBAUM and Laura Michelle Finley, Debtors. Ronald R. Sticka, Chapter 7 Trustee, Appellant, v. David Michael Applebaum and Laura Michelle Finley, Appellees, State of California, Intervenor.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed December 18, 2009.

Attorney(s) appearing for the Case

Ross Moody, Office of the Attorney General, San Francisco, CA, for State of California.

Before: HOLLOWELL, PAPPAS and MARKELL, Bankruptcy Judges.

OPINION

HOLLOWELL, Bankruptcy Judge.

Debtors David Applebaum and Laura Finley ("Debtors") filed a petition under chapter 7 of the Bankruptcy Code1 and claimed exemptions under the California exemption statute, which is applicable only to debtors in bankruptcy. See Cal.Civ. Proc.Code ("C.C.P.") § 703.140. The trustee Ronald R. Sticka ("Trustee") objected to the exemptions and argued that California's bankruptcy-only...

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