Fenley v. Poor
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Eastern District of Kentucky. This is an appeal in a bankruptcy proceeding wherein the trustee set apart to the appellee Roberts the house and lot which he occupied as a homestead, which was appraised at $1,000, and which, under the Kentucky statute, was exempt.
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Appeal from the District Court of the United States for the Eastern District of Kentucky. This is an appeal in a bankruptcy proceeding wherein the trustee set apart to the appellee Roberts the house and lot which he occupied as a homestead, which was appraised at $1,000, and which, under the Kentucky statute, was exempt. Several years prior to the bankruptcy proceedings, Roberts and his wife had placed a mortgage on this property for $600, upon which, at the time the homestead was set apart there was due $760. Being allowed a homestead not exceeding in value $1,000, under the statute of…
1Opinion of the CourtWanty, District Judge
The question presented is whether or not a debt secured by a mortgage upon real estate in which the bankrupt has a homestead can be proved against the bankrupt’s estate as an unsecured claim. The appellees contend that such a claim is not a secured claim, because, in the definition in the bankruptcy áct, it is stated that the term “secured creditor” shall include a creditor who has security for his debt upon the property of the bankrupt of a nature to be assignable under the act, and that the homestead of the bankrupt is not so assignable. In construing the exemption statute, the Court of…
2Cases cited3 opinions
- In re LittleDistrict Court, N.D. Iowa · 1901
- Gaines v. CaseyCourt of Appeals of Kentucky · 1873
- In re SislerDistrict Court, W.D. Virginia · 1899
3Cited by2 opinions
- In re BaileyDistrict Court, D. Utah · 1910
- In re CainDistrict Court, N.D. Texas · 1968