Legal Opinion

In Re Davies

District Court, W.D. Virginia

Decided July 19, 1949No. 1349PublishedCited by 6 opinions

1Opinion of the Court

PAUL, Chief Judge.

The contention of the trustee that the claim of the homestead exemption should not be allowed seems to be based (1) on previous decisions in this court in the cases of In re Robinette, D.C., 34 F.Supp. 518, and In re Cury, D.C., 34 F.Supp. 526, and (2) that in any event the homestead had not been perfected by recordation within the extended time which the referee had granted for the filing of the schedules.

It is true that in the cases mentioned (the first decided in 1932, the second in 1940) this court held that in order for a claim of the homestead exemption to be effective…

2Cases cited5 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. Myers v. MatleySupreme Court of the United States · 1943
  3. Georgouses v. GillenCourt of Appeals for the Ninth Circuit · 1928
  4. In re RobinetteDistrict Court, W.D. Virginia · 1932
  5. In re CuryDistrict Court, W.D. Virginia · 1940

3Cited by6 opinions

  1. Lester Shackman Shirkey, Jr. v. John G. Leake, TrusteeCourt of Appeals for the Fourth Circuit · 1983
  2. In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Trustee-Appellant v. Quy Van Nguyen, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 2000
  3. In Re SwiftDistrict Court, W.D. Virginia · 1950
  4. Smoot v. WolfeDistrict Court, W.D. Virginia · 2001
  5. Lester Shackman Shirkey, Jr. v. John G. Leake, TrusteeCourt of Appeals for the Fourth Circuit · 1983

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