Legal Opinion

Brais v. Martin

Court of Appeals for the Seventh Circuit

Decided November 29, 1926No. 3781PublishedCited by 8 opinions

1Opinion of the Court

EVAN A. EVANS, Circuit Judge.

This appeal is from an order of the District Court adjudging Denise Brais an involuntary bankrupt.

Appellant’s defense was and is that “she is a person principally engaged in farming and tilling the soil,” and therefore, under section 4b of the Bankruptcy Act (Comp. St. § 9588), not subject to an adjudication as an involuntary bankrupt. This section reads:

“Any natural person, except a wage-earner or a person engaged chiefly in farming or the tillage of the soil¡ * * * may be adjudged an involuntary bankrupt,” etc.

Was appellant a “person engaged chiefly in farming…

2Cases cited3 opinions

  1. In re LelandDistrict Court, W.D. Michigan · 1910
  2. In re DriverDistrict Court, D. New Jersey · 1918
  3. In re TylerDistrict Court, N.D. Iowa · 1922

3Cited by8 opinions

  1. In Re MacKlemDistrict Court, D. Maryland · 1927
  2. Benitez v. Bank of Nova ScotiaCourt of Appeals for the First Circuit · 1942
  3. In the Matter of Bert F. Hinrichs, Bankrupt. Bert F. Hinrichs, Appellnt v. John Deere Company of MolineCourt of Appeals for the Seventh Circuit · 1963
  4. In Re GainfortDistrict Court, N.D. California · 1936
  5. In re Wright's EstateDistrict Court, W.D. Louisiana · 1936

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