In re Hines
District Court, S.D. West Virginia
On July 1, 1902, Floyd O. Hines filed a petition in bankruptcy in the office of the clerk of the district court for the Southern district of West Virginia, accompanied by an affidavit of his inability to pay the costs. “Schedule B (2),” filed with petition, showed that said Hines had personal property of the value of $77, including $5 in cash, and $20 in cash in the hands of the Chesapeake & Ohio Railway Company, due him as wages.
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On July 1, 1902, Floyd O. Hines filed a petition in bankruptcy in the office of the clerk of the district court for the Southern district of West Virginia, accompanied by an affidavit of his inability to pay the costs. “Schedule B (2),” filed with petition, showed that said Hines had personal property of the value of $77, including $5 in cash, and $20 in cash in the hands of the Chesapeake & Ohio Railway Company, due him as wages. He exempted this personal property, including the $5 cash in his hands and the $20 in the hands of the 'Chesapeake & Ohio Railway Company. On July 22, 1902, the…
1Opinion of the CourtKeller, District Judge
(after stating the facts as above). Section 6 of chapter 3 of the bankruptcy act provides that “this act shall not affect an allowance to bankrupts of the exemptions which are prescribed by the state laws in force at the time of the filing of the petition in the state wherein they have had their domicile for the six months, or the greater portion thereof, immediately preceding the filing of the petition.” It seems clear that the provision of this section was intended to protect property and effects in the hands of the bankrupt, to the extent provided by the exemption laws of the state wherein…
2Cases cited2 opinions
- In re BeanDistrict Court, D. Vermont · 1900
- In re CollierDistrict Court, W.D. Tennessee · 1899
3Cited by4 opinions
- In the Matter of Athen Carlton Garland, BankruptsCourt of Appeals for the First Circuit · 1970
- In re MedearisDistrict Court, W.D. Texas · 1923
- In re MasonDistrict Court, S.D. Alabama · 1910
- In re StuckDistrict Court, W.D. Missouri · 1926