Freedman Bros. v. Parker
Court of Appeals for the Ninth Circuit
Petition for Revision of Certain Orders in Bankruptcy of the United States District Court for the Northern Division of. the Western District of Washington. In the .matter of bankruptcy proceedings of Benjamin Gerber. On petition of Freedman Bros. Company and others to revise Certain orders granting exemptions to the bankrupt. The bankrupt was a retail dealer in women’s wearing apparel in the city of Seattle, and was adjudged bankrupt May 19, 1909, by the court below.
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Petition for Revision of Certain Orders in Bankruptcy of the United States District Court for the Northern Division of. the Western District of Washington. In the .matter of bankruptcy proceedings of Benjamin Gerber. On petition of Freedman Bros. Company and others to revise Certain orders granting exemptions to the bankrupt. The bankrupt was a retail dealer in women’s wearing apparel in the city of Seattle, and was adjudged bankrupt May 19, 1909, by the court below. His schedules of assets and liabilities were filed May 27, 1909. The bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 544 [D.…
1Opinion of the CourtRoss, Circuit Judge
(after stating the facts as above). The motion to dismiss the petition for review is without merit and is denied.
While it is well-established law that exemptions in behalf of unfortunate debtors are to be liberally construed in furtherance of the object of such statutes, it should never be forgotten that courts have not the power to legislate, and can no more add an exemption not fairly within the statute than they can take from the statute. So also must it be remembered that courts of bankruptcy proceed upon equitable principles, and should no more sustain a positive fraud than would a court…
2Cases cited15 opinions
- In re Prince & WalterDistrict Court, M.D. Pennsylvania · 1904
- In re FriedrichCourt of Appeals for the Seventh Circuit · 1900
- McGahan v. AndersonCourt of Appeals for the Fourth Circuit · 1902
- In re DuffyDistrict Court, M.D. Pennsylvania · 1902
- In re MayerCourt of Appeals for the Seventh Circuit · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Reed v. ReedCourt of Appeals for the First Circuit · 1983
- First Texas Savings Ass'n v. ReedCourt of Appeals for the Fifth Circuit · 1983
- Wolkowitz v. Beverly (In Re Beverly)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2007
- Hitt v. Glass (In Re Glass)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Herbert Tepper v. Frank H. Chichester, Trustee in Bankruptcy of the Estate of Bennett-Manning Co., BankruptCourt of Appeals for the Ninth Circuit · 1961
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