In re Long
District Court, E.D. Pennsylvania
In Bankruptcy. On certificate from referee. The following is the certificate of the referee: I, Byerly Hart, one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose, pertinent to the said proceedings: The bankrupt, while insolvent, and within four months of the day of the adjudication, made a payment to a creditor, Isaac Lutz; giving him $35 in cash, and returning to him out…
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In Bankruptcy. On certificate from referee. The following is the certificate of the referee: I, Byerly Hart, one of the referees of said court in bankruptcy, do hereby certify that in the course of the proceedings in said cause before me the following question arose, pertinent to the said proceedings: The bankrupt, while insolvent, and within four months of the day of the adjudication, made a payment to a creditor, Isaac Lutz; giving him $35 in cash, and returning to him out of goods purchased by the bankrupt from said Lutz goods to the value of $470. It appeared that Lutz, the creditor, took…
1Opinion of the Court
J. B. McPHERSON, District Judge.
The report of the learned referee contains a satisfactory discussion of the question submitted, and I need only add that I agree with his reasoning and conclusion. A collection of cases upon this subject will be found in Coll. Bankr. (3d Ed.) p. 85. I think, also, that the referee’s order finds further support in the analogy afforded by the rule referred to in Re Haskin (D. C.) 109 Fed. 789, and Re Manning (D. C.) 112 Fed. 948, namely, that a debtor may not claim his exemption, or any part of it, out of the proceeds of a future sale of his personal property.
The…
2Cases cited2 opinions
- In re HaskinDistrict Court, E.D. Pennsylvania · 1901
- In re ManningDistrict Court, E.D. Pennsylvania · 1902
3Cited by6 opinions
- In re CoddingtonDistrict Court, M.D. Pennsylvania · 1904
- Brandt v. MathewCourt of Appeals for the Ninth Circuit · 1914
- In re SoperDistrict Court, D. Nebraska · 1909
- In re WishnefskyDistrict Court, D. New Jersey · 1910
- In re RogersDistrict Court, E.D. New York · 1942
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