Legal Opinion

In re Liby

District Court, E.D. Pennsylvania

Decided November 24, 1914No. 5066PublishedCited by 1 opinion

In Bankruptcy. In the matter of bankruptcy proceedings of Harry Liby. On petition to review a referee’s order disallowing a bankrupt’s exemption.

1Opinion of the Court

DICKINSON, District Judge.

The order of the referee is based upon a finding of fact. Every presumption exists in favor of the correctness of this finding. It should not be disturbed by the court, unless a mistake is clear. No such justification for interference by the court with the finding is present in this case. The whole question, therefore, resolves itself into one of law. The question presented is: Does the fact that the bankrupt has not surrendered all of his property to the trustee in bankruptcy deprive him of his right to his exemption out of that which he has surrendered? This again…

2Cases cited1 opinion

  1. In re SchaferDistrict Court, E.D. Pennsylvania · 1907

3Cited by1 opinion

  1. In re BrooksDistrict Court, N.D. Texas · 1928

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