In re Wood
District Court, E.D. Wisconsin
In Bankruptcy. This is a review of an order made by Charles H. Forward, referee, in the above entitled matter, declining to compel the bankrupt, at the instance of the trustee, to turn over to said trustee for the benefit of creditors a certain house and lot claimed by the bankrupt in his schedules as exempt. The contention of the trustee was that the acquisition of the homestead under the circumstances shown in the proofs amounted to a fraud upon the creditors.
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In Bankruptcy. This is a review of an order made by Charles H. Forward, referee, in the above entitled matter, declining to compel the bankrupt, at the instance of the trustee, to turn over to said trustee for the benefit of creditors a certain house and lot claimed by the bankrupt in his schedules as exempt. The contention of the trustee was that the acquisition of the homestead under the circumstances shown in the proofs amounted to a fraud upon the creditors. The evidence makes it clear that the bankrupt, long before his purchase of the property claimed as a homestead, was insolvent, and…
1Opinion of the Court
QUARLES, District Judge.
The question raised by the record is whether the bankrupt has worked a fraud upon his creditors by using nonexempt property or money borrowed of creditors to obtain a homestead which he might claim as exempt under the laws of Wisconsin. This question is one that has been long mooted in the courts, and concerning which the authorities, both state and federal, are hopelessly at variance. If I were permitted to follow my own judgment as to what the law should be, I should be much inclined to follow the federal decisions in Wisconsin, which hold that a statutory homestead…
2Cases cited14 opinions
- Peters v. BainSupreme Court of the United States · 1890
- Lloyd v. FultonSupreme Court of the United States · 1876
- Allen v. MasseySupreme Court of the United States · 1872
- Jaffray v. McGeheeSupreme Court of the United States · 1883
- Hanson v. EdgarWisconsin Supreme Court · 1874
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3Cited by1 opinion
- In re BakerCourt of Appeals for the Sixth Circuit · 1910