Legal Opinion

In re Farris

District Court, N.D. California

Decided April 23, 1963No. 61085PublishedCited by 3 opinions

1Opinion of the Court

SWEIGERT, District Judge.

Trustee in bankruptcy petitions for review of a referee’s order denying the Trustee’s claim to proceeds from the settlement of a personal injury suit filed by bankrupt four days prior to filing the petition in bankruptcy.

The Bankruptcy Act, Sec. 70, sub. a(5) [11 U.S.C. § 110, sub. a(5)] provides that rights of action for injuries to the bankrupt, whether or not resulting in death, vest in the trustee if by the law of the state such rights of action are subject to attachment, execution, garnishment, sequestration or other judicial process.

The Bankruptcy Act, Sec. 70,…

2Cited by3 opinions

  1. In Re SchmelzerDistrict Court, S.D. Ohio · 1972
  2. Bernard Duran Carmona, Bankrupt v. Gilbert Robinson, Trustee in BankruptcyCourt of Appeals for the Ninth Circuit · 1964
  3. In Re CarmonaDistrict Court, S.D. California · 1963

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