Legal Opinion
In Re Dudley
District Court, S.D. California
Decided August 4, 1947No. 44706PublishedCited by 24 opinions
1Opinion of the Court
YANKWICH, District Judge.
The Bankruptcy Act of 1938 recognizes exemptions to which bankrupts are entitled by state laws and requires them to be claimed. 1 The duty of the Trustee to set apart the exempt property is also prescribed by the Act. 2 The effect of these provisions is that the right to exemptions, their nature and amount, are governed strictly by state laws, and the decisions of state courts interpreting them. 3 The law of California is very generous in the matter of exemptions. The exemptions are varied and numerous. 4 Exemption statutes are not only liberally construed, but “are…
2Cases cited52 opinions
- Lockwood v. Exchange BankSupreme Court of the United States · 1903
- White v. StumpSupreme Court of the United States · 1924
- Holden v. StrattonSupreme Court of the United States · 1905
- Myers v. MatleySupreme Court of the United States · 1943
- Forsberg v. Security State Bank of CanovaCourt of Appeals for the Eighth Circuit · 1926
47 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Reed v. ReedCourt of Appeals for the First Circuit · 1983
- First Texas Savings Ass'n v. ReedCourt of Appeals for the Fifth Circuit · 1983
- Murphey v. Crater (In Re Crater)United States Bankruptcy Court, D. Arizona · 2002
- In Re LacounteUnited States Bankruptcy Court, D. Montana · 2005
- Love v. MenickCourt of Appeals for the Ninth Circuit · 1965
19 more not listed; retrieve them via the Exa API.