In re Staunton
In re Staunton
Opinion of the Court
When this case was argued I was inclined to believe that the bankrupt’s claim for exemption should be allowed in full, on the ground that whatever he might have done, or have failed to do, in the assignment proceeding before the state court, he was nevertheless entitled to renew the claim in the bankruptcy proceeding before this court; and that the situation of affairs as it actually existed when the claim was made to the trustee
The conclusion of the referee is therefore approved, but I do not wish to be understood as adopting the reasoning by which he supports it. It is, I think, open to question whether a failure to claim the whole or a part of the exemption in the state court bars the debtor from claiming it afterwards in a court of bankruptcy, and for the present I prefer to leave that point undecided.
Reference
- Full Case Name
- In re STAUNTON
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Bankruptcy—Exemptions. Exemptions in bankruptcy can only be allowed under the provisions of the various statutes of the states on the subject. 3. Same—Exemptions from Proceeds of Property. Since, under the law of Pennsylvania, exemptions can be allowed to a debtor only from specific articles of personal property, including cash or valuable securities, a bankrupt, having elected to take a part of his exemption in personal property, was not entitled to take the balance from the proceeds of other, property sold by his assignee for the benefit of creditors before bankruptcy proceedings were instituted.