Legal Opinion

In re Buckingham

District Court, D. Ohio

Decided January 20, 1900No. 334PublishedCited by 3 opinions

The following is the opinion of DOYLE, Referee: This is a hearing upon exceptions to the determination of the trustee In setting off exemptions to the bankrupt. The exception is to the determination of the trustee in setting off to the bankrupt, in lieu of a homestead, the balance of the proceeds of the sale of certain real estate which were turned over to the trustee by the sheriff of Summit county.

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The following is the opinion of DOYLE, Referee: This is a hearing upon exceptions to the determination of the trustee In setting off exemptions to the bankrupt. The exception is to the determination of the trustee in setting off to the bankrupt, in lieu of a homestead, the balance of the proceeds of the sale of certain real estate which were turned over to the trustee by the sheriff of Summit county. The facts in the case are as follows: On October 9; 1899, Frances P. Buckingham filed her petition in the district court in voluntary proceedings in bankruptcy, and was on said day duly adjudged…

1Opinion of the Court

RICKS, District Judge.

This case is now before the court upon a motion to confirm the report of the referee, which sustains the action of the trustee in this case in setting off exemptions to the bankrupt. Upon the facts of this case, it seems very clear that this exemption now complained of was not in fact a second exemption in favor of the bankrupt out of the same property or the same course of judicial proceedings; but I am not prepared to say that, if the facts were as claimed by the adversary .party, and the bankrupt was getting two exemptions out of the same property, such exemptions…

2Cited by3 opinions

  1. In re HewitDistrict Court, N.D. Ohio · 1917
  2. Dixon v. KoplarCourt of Appeals for the Eighth Circuit · 1939
  3. In re RadcliffeDistrict Court, N.D. Ohio · 1917

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