Long v. Bullard
| Court | United States Supreme Court |
| Writing for the Court | WAITE |
| Citation | 6 S.Ct. 917,29 L.Ed. 1004,117 U.S. 617 |
| Parties | LONG and Wife v. BULLARD. Filed |
| Decision Date | 12 April 1886 |
R. F. Lyon and
The material facts appearing in this record are as follows: In the month of December, 1869, parts of lots 5 and 6, in
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square 90, in the city of Macon, were set off under the laws of Georgia to Betsey A. Long, the wife of Francis M. Long, as a homestead. The property was at the time incumbered by a mortgage made by Francis M. Long to the Ocmulgee Building Association. Proceedings were afterwards had to foreclose this mortgage, and to save the property from sale Francis M. Long applied to Daniel Bullard for a loan of money. This loan was made at usurious interest, and Long and his wife executed to Bullard their joint note, dated November 18, 1872, for $1,220, payable 12 months after date, and conveyed to him the homestead property by a deed absolute on its face as security. On the twenty-ninth of May, 1873, Francis M. Long was adjudged a bankrupt, and on the fifteenth of April, 1874, he received his discharge. In his schedules the debt to Bullard, with its security on the homestead premises, was duly entered. On the twenty-eighth of June, 1873, the same premises were set apart to the bankrupt to be retained by him under the bankrupt law as being exempt under the state law from levy and said upon execution. Bullard did not prove his debt in the bankrupt proceedings. On the ninth of February, 1878, Bullard brought suit in the superior court of Bibb county, Georgia, to subject the property to the payment of his debt. In his bill he alleged that the money he loaned was used to pay off the prior incumbrance on the homestead, and he claimed a valid lien on that account. He also set forth the bankruptcy of Francis M. Long, and the assignment of the property to him under the bankrupt law as a homestead. Long and his wife in their answer stated that the deed to Bullard was void for usury in the debt for which it was given as security; that only $727.94 of the amount actually lent by Bullard was used to pay off the prior incumbrance; that the money was lent to the husband, and not to the wife; and that the husband had been discharged in bankruptcy. Upon these facts it was insisted that the homestead rights of Mrs. Long and her children were superior to the claim of Bullard under his conveyance, and that the property could not be sold to pay him.
Upon the trial the court charged the jury, in substance, that
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there could be no personal recovery against the husband upon the note, but that the property could be subjected to the...
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United States v. Robinson (In re Robinson), No. 12–24747.
...under title 18, United States Code. Likewise, a bankruptcy discharge does not discharge a valid lien. 11 U.S.C. § 524(a); Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886); Johnson v. Home State Bank, 501 U.S. 78–83, 111 S.Ct. 2150, 115 L.Ed.2d 66 (1991). By virtue of the rec......
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Rountree v. Nunnery, Case No. 01-21480-SCS
...[A] discharge extinguishes only "the personal liability of the debtor." 11 U.S.C. § 524(a)(1). Codifying the rule of Long v. Bullard, 117 U.S. 617, 6 S. Ct. 917, 29 L. Ed. 1004 (1886), the Code provides that a creditor's right to foreclose on the mortgage survives or passes through the bank......
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In re Rountree, Bankruptcy No. 01–21480–SCS.
...[A] discharge extinguishes only “the personal liability of the debtor.” 11 U.S.C. § 524(a)(1). Codifying the rule of Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886), the Code provides that a creditor's right to foreclose on the mortgage survives or passes through the bankru......
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In re Victorio, Case No. 10-07125-LT13
...of a creditor's lien for any reason other than payment on the debt." 502 U.S. at 419. The first case reviewed was Long v. Bullard,Page 10117 U.S. 617 (1886), where "the Court held that a discharge in bankruptcy does not release real estate of the debtor from the lien of a mortgage created b......
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United States v. Robinson (In re Robinson), No. 12–24747.
...under title 18, United States Code. Likewise, a bankruptcy discharge does not discharge a valid lien. 11 U.S.C. § 524(a); Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886); Johnson v. Home State Bank, 501 U.S. 78–83, 111 S.Ct. 2150, 115 L.Ed.2d 66 (1991). By virtue of the rec......
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In re Rountree, Bankruptcy No. 01–21480–SCS.
...[A] discharge extinguishes only “the personal liability of the debtor.” 11 U.S.C. § 524(a)(1). Codifying the rule of Long v. Bullard, 117 U.S. 617, 6 S.Ct. 917, 29 L.Ed. 1004 (1886), the Code provides that a creditor's right to foreclose on the mortgage survives or passes through the bankru......
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Bank of Am., N.A. v. Johnson (In re Johnson), CASE NUMBER: 12-50338-PWB
...57 S.E. 2d 623 (1950). 52. See, e.g., In re Mathis, 256 B.R. 653 (Bankr. M.D.Ga. 1996). 53. E.g., Long v. Bullard, 117 U.S. 671, 620-21, 6 S.Ct. 917, 918, 29 L.Ed. 1004 (1886); Universal American Mortgage Co. v. Bateman (In re Bateman), 331 F.3d 821, 827 (11th Cir. 2003); Folendore v. U.S. ......
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Hinojosa Eng'g, Inc. v. Lopez (In re Treyson Dev., Inc.), CASE NO: 14-70256
...long since been held that only a secured creditor's lien will pass through bankruptcy unscathed. 559 U.S. at 275. C.f. Long v. Bullard, 117 U.S. 617 (1886). Therefore, the issue in determining the effect of this Court's Order is not whether this Court had subject matter jurisdiction over Tr......
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The Last Dance: Righting the Supreme Court's Greatest Bankruptcy Apostasy.
...ability under the Bankruptcy Clause to modify the rights of secured creditors). (65) Dewsnup v. Timm, 502 U.S. 410, 419 (1992). (66) 117 U.S. 617 (67) See Howard, supra note 35, at 526 (explaining that Long v. Bullard, in fact, does not stand for the oft-cited proposition for which it was o......