Legal Opinion

In re Schuller

District Court, E.D. Wisconsin

Decided May 13, 1901PublishedCited by 4 opinions

In Bankruptcy. On question certified by referee. The bankrupt was the owner when she filed her voluntary petition in bankruptcy of a stock of millinery goods, of which the actual value was only about $30 in excess of the exemption of $200 allowed by the Wisconsin statute.

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In Bankruptcy. On question certified by referee. The bankrupt was the owner when she filed her voluntary petition in bankruptcy of a stock of millinery goods, of which the actual value was only about $30 in excess of the exemption of $200 allowed by the Wisconsin statute. Nineteen days prior to such filing the bankrupt made a chattel mortgage, to secure her pre-existing indebtedness, to Gage Brothers & Go., upon certain household furniture and “all her millinery stock” then in the store, for $419.31. In the schedule which accompanied her petition the stock of goods was mentioned, and her…

1Opinion of the CourtSeaman, District Judge

(after stating the facts). For the purpose of ascertaining the rights .of the bankrupt to exemptions, the act of congress adopts the provisions of the state statute (section 6), and then requires that the exempt property be set apart by the trustee, and that he “report the items and estimated value thereof to the court.” Section 47, subd. 11. Questions as to the rights of creditors who have obtained preferences in security upon exempt property, or by an express waiver of exemption in favor of certain creditors, are not well settled; and if the case presented were one of a mortgage given.under…

2Cases cited5 opinions

  1. Gilman v. WilliamsWisconsin Supreme Court · 1859
  2. Zielke v. MorganWisconsin Supreme Court · 1880
  3. Bong v. ParmentierWisconsin Supreme Court · 1894
  4. Fowler v. HuntWisconsin Supreme Court · 1880
  5. Edmondson v. HydeU.S. Circuit Court for the District of California · 1872

3Cited by4 opinions

  1. In Re ArnoldUnited States Bankruptcy Court, E.D. New York · 1983
  2. Matter of BrosiusUnited States Bankruptcy Court, C.D. California · 1980
  3. In Re JonesUnited States Bankruptcy Court, W.D. Washington · 1983
  4. In Re MyersDistrict Court, W.D. Missouri · 1973

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