In re Exum
District Court, S.D. Alabama
In Bankruptcy. In the matter of J. C. Exum, bankrupt. On review of order of referee denying exemptions.
1Opinion of the Court
TOULMIN, District Judge.
[1] 1. While exempt property is no part of the bankrupt estate, still, the claim being a personal right, if it is not asserted and maintained, the property which might have been covered by it would form part of the bankrupt estate for distribution among the general creditors. Collier on Bankruptcy (9th Ed.) pp. 192, 193'; In re Bolinger (D. C.) 108 Fed. 374, 6 Am. Bankr. Rep. 172; In re Sloan (D. C.) 135 Fed. 873.
2. Exemption, being personal to the bankrupt, must be asserted, or he will be deemed to have waived it. He may assert it at any time before'the sale of the…
2Cases cited11 opinions
- Frost v. SpitleySupreme Court of the United States · 1887
- Freedman Bros. v. ParkerCourt of Appeals for the Ninth Circuit · 1911
- In re SloanDistrict Court, E.D. Pennsylvania · 1905
- In re HaskinDistrict Court, E.D. Pennsylvania · 1901
- In re WunderDistrict Court, E.D. Pennsylvania · 1905
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3Cited by3 opinions
- Andrews v. BriggsSupreme Court of Arkansas · 1942
- Nino v. MoyerDistrict Court, W.D. Michigan · 2009
- Butler v. ClelandSupreme Court of Iowa · 1925