Billy Reed Kilgo, Bankrupt v. United Distributors, Inc.

BEN C. DAWKINS, Sr., District Judge.

The question presented here is whether, as contended by appellant, a mortgage executed on February 16, 1952, on the homestead of a debtor in the sum of $10,-000, containing a waiver of the homestead according to the permissible provisions of the Louisiana law for an antecedent debt, while the debtor was insolvent to the knowledge of the mortgagee, all within four months of adjudication in bankruptcy, is voidable in toto or merely as to the excess which the property may bring at a trustee’s sale, over and above the amount of the homestead thus waived, which,…