In re Boston

D. Nebraska

In re Boston

98 F. 587, 1899 U.S. Dist. LEXIS 265

District Court, D. Nebraska·Decided July 13, 1899·Published·Cited by 2 cases

Opinion

MUNGER, District Judge.

This matter is heard on an appeal from the decision of Referee Jack, finding that the bankrupt, a few days before filing his voluntary petition, disposed of property not exempt, and applied the same in partial payment of an incumbrance upon property which was exempt; that such transaction upon the part of the bankrupt was in fraud of the bankruptcy law; and that by reason thereof the creditors are entitled to be subrogated as mortgage creditors upon the homestead to the extent of such payment, to wit, $120. This decision of the referee is affirmed.

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MUNGER, District Judge.

This matter is heard on an appeal from the decision of Referee Jack, finding that the bankrupt, a few days before filing his voluntary petition, disposed of property not exempt, and applied the same in partial payment of an incumbrance upon property which was exempt; that such transaction upon the part of the bankrupt was in fraud of the bankruptcy law; and that by reason thereof the creditors are entitled to be subrogated as mortgage creditors upon the homestead to the extent of such payment, to wit, $120. This decision of the referee is affirmed.

In re Boston, 98 F. 587, 1899 U.S. Dist. LEXIS 265 (D. Neb. 1899).

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Opinion

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