In re Wunder

• Decision Date: 05 January 1905
• Docket Number: 1,976.
• Citation: 133 F. 821
• Parties: In re WUNDER.
• Court: U.S. District Court — Eastern District of Pennsylvania

133 F. 821

In re WUNDER.

No. 1,976.

United States District Court, E.D. Pennsylvania.

January 5, 1905

C Wilfred Conard, for trustee.

M. B Elwert, for bankrupt.

HOLLAND District Judge.

The certificate of the referee in this case raises the question as to whether the bankrupt is entitled to his exemption claimed under the following circumstances: A petition in involuntary bankruptcy was filed against him on June 23 1904; a receiver and appraisers were appointed July 2, 1904; and on August 12, 1904, a schedule of personal property appraised was filed by the appraisers. Wunder was not adjudicated a bankrupt until August 25, 1904, because he had left his former place of residence, and the subpoena was returned 'not found,' and an alias issued and publication ordered, returnable August 19, 1904. He filed his schedules of assets and liabilities on September 2, 1904, and in the former he claimed his exemption in the following words: 'Claims personal property to the value of $300.00 under Act of Assembly of April 9th, 1849, and its supplements, to be selected by the bankrupt after the same is duly appraised. ' At this time the schedule of personal property had been filed by the appraisers. On September 15, 1904, Daniel G. Endy was selected by the creditors as trustee, and on November 11, 1904, filed a petition before the referee for leave to sell the personal property appraised at Milford, N.J., at private sale. The creditors were notified of a meeting, to be held at the office of the referee on November 22, 1904, for the purpose of passing upon the advisability of making an order of sale as suggested by the petition. They appeared upon this date, and agreed on a private sale upon the terms set forth in the petition. At this time the bankrupt appeared by his counsel and filed objection to an order of sale, upon the ground that he had not been allowed his exemption. The referee overruled his objection to the sale, and made an order, as of that date, directing the trustee to sell the personal property at Milford, N.J., for the sum of $1,125. Thereupon the trustee sold the same to the L. W. Miller-Romig Company for that sum. Subsequently, on December 2, 1904, exceptions were filed to the referee's decision made November 22, 1904, disallowing the exemption, and with these exceptions the bankrupt filed a schedule of personal property claimed by him out of the personal property in New Jersey as found in the appraisement filed in this court on August 12, 1904, and as valued therein. These exceptions were overruled by the referee, and the question was then certified to this court.

Upon the facts as above stated, the referee was entirely justified in his ruling. A bankrupt is entitled to the same exemption as if proceeded against as a debtor under the state law, and to none other. In re Manning (D.C.) 112 F. 948; Loveland's Bankruptcy, Sec. 177. In order that he may be allowed his claim, he must comply with the requirements of the state law, as well in regard to the manner of making the claim as to the articles claimed, and, as to whether he has done this or not, the law, as construed by the highest court of the state, will be conclusive. Loveland's Bankruptcy p. 223, and cases cited, note 6. If the bankrupt...