In re Hafer
District Court, E.D. Pennsylvania
In bankruptcy. The assignee in his certificate of exempted property set apart the separate property of the bankrupts [James H. Hafer and brothers], but refused to allow them any part of the partnership assets.
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In bankruptcy. The assignee in his certificate of exempted property set apart the separate property of the bankrupts [James H. Hafer and brothers], but refused to allow them any part of the partnership assets. To this certificate exceptions were filed on behalf •of the bankrupts, on the ground, that, either jointly or severally, they were entitled to the sum of $500, and also under the act of 1841 to Stat. 440], to property to the value of $300, or sucli sum as, taken with the amount of their separate property, would equal $300.
1Opinion of the Court
CADWALADER, District Judge.
As I un•derstand this case, all the separate property of each bankrupt has been allowed to him as exempted. The state exemption laws have been decided by the state courts not to apply to partnership property; and the words of the act of congress manifestly refer only to separate property of the debtor. The exceptions are overruled.
2Cited by4 opinions
- In re CampDistrict Court, N.D. Georgia · 1899
- In re LentzDistrict Court, D. South Dakota · 1899
- In re BeauchampDistrict Court, D. Maryland · 1900
- Hart v. HiattCourt Of Appeals Of Indian Territory · 1899