In re De La Rosa

MEMORANDUM DECISION

Debtors each claimed a $1,200 exemption in two motor vehicles. The Chapter 7 trustee objected contending that under California Code of Civil Procedure (“C.C.P.”) § 704.010 the debtors are only entitled to exempt the aggregate equity of $1,200 in all motor vehicles.

This court sustains the trustee’s objection.

This court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1334 and § 157(b)(1) and 28 U.S.C. § 157 (b)(2)(B) and General Order No. 312-C of the United States District Court, Southern District of California. This is a core proceeding pursuant to 28 U.S.C. § 157 (b)(2)(B).

I.

PACTS

Michael and Martha De La Rosa (“debtors”) filed a joint petition under Chapter 7 on November 20, 1986, and filed their Schedule of Liabilities and Assets. In their Schedule of Exempt Property, the debtors claimed $1,200 equity in their 1980 Volvo and $1,200 equity in their 1979 Chevrolet El Camino as exempt pursuant to C.C.P. § 704.010. To reach this result, the debtors assert that since they jointly elected to utilize the general exemption provisions of C.C.P. § 704.010 rather than the California “bankruptcy exemptions” provided by C.C.P. § 703.140, then each…