Legal Opinion

In Re Schmelzer

District Court, S.D. Ohio

Decided September 21, 1972No. 55383PublishedCited by 18 opinions

1Opinion of the Court

ORDER

CARL B. RUBIN, District Judge.

I

This matter is before the Court on a petition for review from an order of the Referee in Bankruptcy denying the bankrupt’s application that an unliquidated cause of action for personal injury in tort be deemed exempt property within the meaning of Section 70a(5) of the Bankruptcy Act, 11 U.S.C. § 110(a)(5). The Referee, following In re Borehers, 17 Ohio Misc. 146, 46 Ohio O.2d 217 (1968) (per Referee Kelleher), aff'd., October 23, 1970 (S.D.Ohio, E.D.), denied the application and held that the cause of action was “property” within the meaning of the…

2Cases cited43 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. Sniadach v. Family Finance Corp. of Bay ViewSupreme Court of the United States · 1969
  4. Local Loan Co. v. HuntSupreme Court of the United States · 1934
  5. Perez. v. CampbellSupreme Court of the United States · 1971

38 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. In the Matter of Ben F. Garman, Bankrupt. The Northern Trust Company v. Ben F. GarmanCourt of Appeals for the Seventh Circuit · 1980
  2. National Bank of North America v. Newmark (In Re Newmark)United States Bankruptcy Court, E.D. New York · 1982
  3. Denis J. Murphy, Trustee v. Household Finance CorporationCourt of Appeals for the Sixth Circuit · 1977
  4. Amato v. AmatoNew Jersey Superior Court Appellate Division · 1981
  5. Porter v. Household Finance Corp. of ColumbusDistrict Court, S.D. Ohio · 1974

13 more not listed; retrieve them via the Exa API.

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