In re Reese

Citations

• 115 F. 993
• 1902 U.S. Dist. LEXIS 255

Syllabus

<p>1. Bankruptcy — Allowance of Exemptions — Power to Reopen.</p> <p>When property has been set apart to a bankrupt as exempt, and he has been granted a discharge, the propriety of which is not questioned, the power of the court to exercise summary jurisdiction over the property so set off is exhausted, and it cannot entertain a petition by a creditor to reconsider the question of exemptions.</p> <p>8. Same — Laches of Creditor.</p> <p>A creditor of a bankrupt, who was scheduled and duly notified of the filing of the petition, is chargeable with notice of the bankrupt’s claim to exemptions made therein, and of the subsequent action taken by the court thereon; and his failure to appear and contest the allowance of such claim, or to except to its allowance, is such laches as precludes him from any right to have the matter reopened on his allegation that the property was worth more than the exemption allowed by law, — at least, unless his petition therefor sets out specific facts which excuse his delay.</p> <p>¶ 1. See Bankruptcy, vol. 6, Cent. Dig. §§ 764, 769,</p>