In Re Moralez

618 F.2d 76 6 Bankr.Ct.Dec. 518 In re Bankruptcy matter, Herman MORALEZ and Josephine Pearl Moralez, Debtors. Paul DeBruce WOLFF, as Chapter XIII Trustee, Appellant, v. WELLS FARGO BANK, a National Association, Appellee. No. 77-2642. United States Court of Appeals, Ninth Circuit. May 1, 1980. Lynn Anderson Koller, Kornfield & Koller, Oakland, Cal., for appellant. David J. Brown, Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee. Appeal from the United States District Court for the Northern District of California. Before TRASK, KENNEDY and TANG, Circuit Judges. TANG, Circuit Judge: 1 This appeal presents the single issue whether Rule 13-307(d) of the Rules of Bankruptcy Procedure is invalid as exceeding the rule-making authority of the United States Supreme Court. We find that Rule 13-307(d) does not effect a change in substantive bankruptcy law and reverse the district court's judgment that the rule was invalid. 2 In August 1974, Herman and Josephine Moralez filed a petition for a Wage Earner Plan under Chapter XIII of the Bankruptcy Act, 11 U.S.C. §§ 1001-1086 . The plan required monthly payments of $302.30 to the Chapter XIII trustee for…