Hansen v. Jonson

Ninth Circuit

Hansen v. Jonson

187 F.2d 333, 1951 U.S. App. LEXIS 3319

CourtCourt of Appeals for the Ninth Circuit

DecidedFebruary 21, 1951

Docket12481

StatusPublished

This text of 187 F.2d 333 (Hansen v. Jonson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hansen v. Jonson, 187 F.2d 333, 1951 U.S. App. LEXIS 3319 (9th Cir. 1951).

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Opinion

MATHES, District Judge.

The order of the district court appealed from provides that the referee’s order approving exemptions to the bankrupt be vacated and that the claim of the bankrupt to exemptions be denied. No exceptions are provided for and the language of the order permits of none.

The record shows that the bankrupt’s claim to exemption of “wearing apparel and ornaments of the person * * * estimated value $300.00” [Rem.Rev.Stat. Wash. § 563] has never been challenged. The only claims of exemption litigated and adjudicated in the district court are those involving proceeds from the sale of property transferred by the bankrupt shortly prior to bankruptcy.

The district court’s order recommits the matter to the referee “for further proceedings * * * not inconsistent with the terms of this order.” We construe the order to permit the trustee to “set apart the bankrupts’ exemptions allowed by law”, Bankruptcy Act § 47, sub.a(6); 11 U.S.C.A. § 75, sub.a(6), other than those adjudged precluded to the bankrupt by § 6 of the Bankruptcy Act. So construed, the order of the district court is affirmed.

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MATHES, District Judge.

The order of the district court appealed from provides that the referee’s order approving exemptions to the bankrupt be vacated and that the claim of the bankrupt to exemptions be denied. No exceptions are provided for and the language of the order permits of none.

The record shows that the bankrupt’s claim to exemption of “wearing apparel and ornaments of the person * * * estimated value $300.00” [Rem.Rev.Stat. Wash. § 563] has never been challenged. The only claims of exemption litigated and adjudicated in the district court are those involving proceeds from the sale of property transferred by the bankrupt shortly prior to bankruptcy.

The district court’s order recommits the matter to the referee “for further proceedings * * * not inconsistent with the terms of this order.” We construe the order to permit the trustee to “set apart the bankrupts’ exemptions allowed by law”, Bankruptcy Act § 47, sub.a(6); 11 U.S.C.A. § 75, sub.a(6), other than those adjudged precluded to the bankrupt by § 6 of the Bankruptcy Act. So construed, the order of the district court is affirmed.

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187 F.2d 333, 1951 U.S. App. LEXIS 3319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-jonson-ca9-1951.

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