In re Ellenbecker
District Court, E.D. Wisconsin
In Bankruptcy. In the matter of bankruptcy proceedings of Frank Ellenbecker and Koch & Ellenbecker. On review of determination by the referee of an application by F. W. Koch, one of the bankrupts, for allowance of exemptions. The facts are: December 23, 1912, an involuntary petition was filed against F. W. Koch and Frank Ellenbecker individually and as Koch & Ellenbecker, copartners.
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In Bankruptcy. In the matter of bankruptcy proceedings of Frank Ellenbecker and Koch & Ellenbecker. On review of determination by the referee of an application by F. W. Koch, one of the bankrupts, for allowance of exemptions. The facts are: December 23, 1912, an involuntary petition was filed against F. W. Koch and Frank Ellenbecker individually and as Koch & Ellenbecker, copartners. Thereupon Koch appeared in the proceedings, and by duly verified answer alleged that he was a minor, aged 20 years, hence not subject to the jurisdiction of the bankruptcy court. A hearing being had upon the…
1Opinion of the CourtGeiger, District Judge
(after stating the facts as above). [1] In Wisconsin, exemption statutes are enacted pursuant to, and in recognition of, a policy thus declared:
“The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability hereafter contracted.” Const. Wis. art. 1,- § 17.
*397When, therefore, the petitioner successfully challenged the authority of the bankruptcy court to proceed against him because he was a minor, could not become a debtor, and therefore not a…
2Cases cited8 opinions
- Russell v. LennonWisconsin Supreme Court · 1876
- Bong v. ParmentierWisconsin Supreme Court · 1894
- In re DuguidDistrict Court, E.D. North Carolina · 1900
- Thormaehlen v. KaeppelWisconsin Supreme Court · 1893
- Callis v. DayWisconsin Supreme Court · 1875
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