Legal Opinion · Dissent

In re Falconer

Court of Appeals for the Eighth Circuit

Decided June 18, 1901No. 23Published

Petition for Review of Order of the District Court of the United States for the Western District of Arkansas, in Bankruptcy.

1DissentSanborn, Circuit Judge

May a bankrupt by preferring a favored creditor transform a statutory exemption of specific articles of personal property of the value of $500 to be selected by him into a preferential lien upon a part or all of his property for $500 in cash? The opinion of the majority is, in effect, an affirmative answer to this question, while, in my opinion, it should be answered in the negative. This bankrupt was entitled to an exemption oí specific articles of personal property to be selected by him, and to that exemption only. Without making any selection, he made a preferential conveyance of his goods…

2Cases cited24 opinions

  1. Claiborne County v. BrooksSupreme Court of the United States · 1884
  2. Detroit v. OsborneSupreme Court of the United States · 1890
  3. Miller v. SherrySupreme Court of the United States · 1865
  4. Madden v. Lancaster CountyCourt of Appeals for the Eighth Circuit · 1894
  5. Rugan v. SabinCourt of Appeals for the Eighth Circuit · 1892

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