Legal Opinion

In re Rippa

District Court, S.D. Florida

Decided June 29, 1909Published

In the matter of Abe Rippa, bankrupt. On certificate of review from decision of referee. Referred back, with directions.

1Opinion of the Court

LOCKE, District Judge.

The law of homestead exemption is strictly a state law, applicable, as well in bankruptcy as in local litigation. A creditor has no greater rights against his debtor because he lives a thousand miles away than if he lived in the next town; nor does the debtor lose any rights under the state law giving him a homestead exemption, by being a bankrupt, that he might have under, the enforcement of an execution by the sheriff of his county. The convenience or inconvenience of complying with the law should have no weight in determining the rights of the parties.

' In this state…

2Cases cited2 opinions

  1. Camp v. MullenSupreme Court of Florida · 1903
  2. In re CarpenterCourt of Appeals for the Fifth Circuit · 1901

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