In re Culwell

Citations

• 165 F. 828
• 1908 U.S. Dist. LEXIS 186

Syllabus

<p>1. Bankruptcy (§ 400*) — Exemptions—Homestead.</p> <p>Bankr. Act July 1,1898, c. 541, § 70a, 30 Stat. 565 (U. S. Comp. St. 1901, p. 3451), vests in tbe trustee tbe title of tbe bankrupt’s property as of tbedate be was adjudged a bankrupt, except as to exempt property, and section 6a (30 Stat. 548 [U. S. Comp. St. 1901, p. 3424]) declares that tbe act shall not affect the allowance to bankrupts of exemptions prescribed by state laws in force when tbe petition in bankruptcy is filed. Held that, where a bankrupt in his schedules claimed certain real estate exempt as a-homestead, his exemption therein, in tbe absence of fraud, was not defeated because be bad not designated tbe same according to the laws of tbe state, provided be proceeded to do so within a reasonable time-thereafter.</p> <p>[Ed. Note. — Por other cases, see Bankruptcy, Dec. Dig. § 400.*]</p> <p>2. Bankruptcy (§ 400*) — Exemptions—Time—Manner.</p> <p>Courts of bankruptcy are not controlled as to tbe time or manner in which claims for exemptions are preferred.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 671; Dec. Dig. § 400.*]</p> <p>3. Bankruptcy (§ 147*1 — Exempt Property — Administration.</p> <p>The authority of tbe bankruptcy court to control tbe property in order to set it aside if exempt, and to exclude it from tbe assets of the-bankrupt’s estate, does not extend authority to tbe trustee to administer exempt property as though it constituted assets.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Cent. Dig. § 658; Dec. Dig. § 147.*]</p>