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IN RE TALLERICO

Case No. 15-22117-C-7.

532 B.R. 774 (2015)

IN RE: Jonathan Kris TALLERICO and Carleen Marie Tallerico, Debtors.

United States Bankruptcy Court, E.D. California.

Signed June 30, 2015.

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.

OPINION

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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