Legal Opinion

In re Swords

District Court, N.D. Georgia

Decided December 19, 1901No. 38PublishedCited by 2 opinions

In Bankruptcy. On application for leave to withdraw claims'.

1Opinion of the Court

NEWMAN, District Judge.

In this case the court feels compelled, after full consideration, to adhere to its ruling made in Re Camp, 91 Fed. 745, and reiterated in Re Hill, 96 Fed. 185, which ruling was that there was no power in the bankrupt court to enforce notes containing a waiver of homestead exemption against a homestead set apart in bankruptcy. The fact that more than 18 months has elapsed since the petition in bankruptcy was filed, and that the bankrupt is thereby precluded from obtaining his discharge, has no effect on this question. The petition of the creditors in this case contains a…

2Cases cited2 opinions

  1. In re CampDistrict Court, N.D. Georgia · 1899
  2. In re HillDistrict Court, N.D. Georgia · 1899

3Cited by2 opinions

  1. In re MeredithDistrict Court, N.D. Georgia · 1906
  2. In re StricklandDistrict Court, S.D. Georgia · 1909

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