Legal Opinion

In Re Perry

District Court, N.D. Ohio

Decided September 27, 1963No. B63-398PublishedCited by 13 opinions

1Opinion of the Court

JONES, District Judge.

This is a petition for review filed by Calvin Clay Perry who was adjudicated a bankrupt on January 24, 1963. His schedules showed he owned no homestead. Listed as an asset under Schedule E-2 was an income tax refund for 1962 in the sum of $387.00.

The precise question presented here is whether a bankrupt may claim as exempt property a Federal income tax refund in lieu of homestead under Ohio Revised Code, § 2329.81.

It is uniformly held that the purpose of an exemption statute is not for the personal privilege of the debtor but for the benefit of his family who may be…

2Cases cited2 opinions

  1. Troutman v. EicharOhio Court of Appeals · 1940
  2. In re WalkerDistrict Court, N.D. Ohio · 1950

3Cited by13 opinions

  1. Thorp Credit & Thrift Co. v. Pommerer (In Re Pommerer)United States Bankruptcy Court, D. Minnesota · 1981
  2. In Re DipalmaUnited States Bankruptcy Court, D. Massachusetts · 1982
  3. Curry v. Associates Financial Services (In Re Curry)United States Bankruptcy Court, N.D. Ohio · 1980
  4. Centran Bank of Akron v. Ambrose (In Re Ambrose)United States Bankruptcy Court, N.D. Ohio · 1980
  5. Fisher v. Liberty Loan Corp. (In Re Fisher)United States Bankruptcy Court, N.D. Ohio · 1980

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