In re Stein

Citations

• 130 F. 629
• 1904 U.S. Dist. LEXIS 270

Syllabus

<p>1. Bankruptcy — Exemptions—Time and Manner op Claiming.</p> <p>While the right of a bankrupt to his exemption depends on the state law by which it is primarily given, the time and manner of obtaining it In the court of bankruptcy are regulated by Bankr. Act, July 1, 1898, and where the claim is made in his schedule as provided in section 7a, cl. 8, c. 541, 30 Stat. 548 [U. S. Comp. St. 1901, p. 3424], it must be regarded as effective and in time; the fact that, prior to the filing of his schedule by an involuntary bankrupt, his property had been sold by a receiver by, order of the court, will not deprive him of the right to claim his exemption from the proceeds, notwithstanding the state law may require the claim and selection to be made out of the property before sale.</p>