In re Ferraro

FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING TRUSTEE’S OBJECTION TO DEBTORS’ CLAIM OF EXEMPTIONS AND ORDER DENYING OBJECTION

This matter came on for hearing before the Honorable Conley S. Brown on August 15,1986. Douglas B. Provencher appeared for the Debtors, Pasquale and Shelly Ferraro, and David N. Chandler appeared for the trustee, William B. Grover. After reviewing the pleadings filed by the parties and the consideration of the argument presented and for good cause, the court makes the following findings of fact:

1. The Debtors, Pasquale C. Ferraro and Shelly A. Ferraro, filed a Chapter 7 petition on October 21, 1985.

2. The Debtors, Pasquale C. Ferraro and Shelly A. Ferraro, are husband and wife.

3. On June 20, 1986, the Debtors filed an amendment to Schedule B-4 in which amendment the wife claimed exemptions under various sections of Chapter 4, Article 3 of the Code of Civil Procedure Section 704 and under which the husband claimed exemptions under Code of Civil Procedure Section 703.140.

4. The Trustee, William B. Grover, filed a timely objection to the Debtors’ claim of exemptions. The Trustee objected to the exemptions on the basis that a husband and wife may…