Attorney(s) appearing for the Case
W. Russell Fields , Sacramento, California, for Debtors.
Jamie P. Dreher , Downey Brand LLP, Sacramento, California, for Gary Silva, Jr., Judgment Creditor.
David V. Duperrault , Silicon Valley Law Group, San Jose, California, for Michael A. Aber, Third-Party Claimant.
KLEIN, Bankruptcy Judge:
Federal Rule of Bankruptcy Procedure 4003(c) is invalid to the extent it assigns the burden of proof on an objection to a state-law claim of exemption in a manner contrary to state law.
The Bankruptcy Rules Enabling Act, 28 U.S.C. § 2075, forbids rules that alter substantive rights. The Supreme...
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