UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
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In the Matter of Chapter 7
Case No. 803-88114-288
FRANCISCO FELIX and
JEANETTE FELIX, TRUSTEE'S OBJECTION TO
PROPERTY CLAIMED AS
Debtors. EXEMPT
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PLEASE TAKE NOTICE that the trustee, pursuant to Bankruptcy
Rule 4003(b), objects to the debtors' claimed exemption pursuant to
Debtor & Creditor Law Section 283 for financial accounts in the
aggregate sum of $1,193.00.
As grounds for his objection, the trustee states that Section
283 of the New York Debtor & Creditor Law does not permit a debtor
to claim both a real property exemption pursuant to Section 5206 of
New York Civil Practice Law and Rules ("CPLR")and a cash exemption
pursuant to Section 283 of New York Debtor & Creditor Law ("D&C
Law"). In Schedule C annexed to the petition, the debtors claimed
a $20,000.00 real property exemption pursuant to Section 5206 of
the CPLR in connection with the premises known as 76 Spring Field
Street, Valley Stream, New York and exemptions for the balances in
financial accounts which aggregate the sum of $1,139.00 pursuant to
Section 283 of the Debtor & Creditor Law. In view of the fact that
the debtors claimed a $20,000.00 homestead exemption pursuant to
CPLR 5206, they are not entitled to also claim the exemptions for
the balances in the financial accounts under Section 283 of the
Debtor & Creditor Law.
WHEREFORE, the trustee prays that an order be entered denying





the debtors' claimed exemptions as set forth above.
Dated: Garden City, New York
December 31, 2003

KENNETH KIRSCHENBAUM
200 Garden City Plaza
Garden City, New York 11530
(516) 747-6700