In Re Reese

Good Law
223 F. Supp. 626·1963 U.S. Dist. LEXIS 7031
United States District Court, Northern District of CaliforniaAugust 15, 196326856California1,133 words

Opinion

Opinion

Halbert, J.

Bankrupt wife has filed this petition for review [Title 11 U.S.C. § 67 (c), § 39 (c) of the Bankruptcy Act] of the Referee’s turnover order regarding certain funds deposited by her in Humboldt Federal Savings and Loan Association ($1,-000) and Metropolitan Credit Union ($1,499) within four months of the commencement of these proceedings, and at a time when both she and her husband were insolvent. Bankrupt wife contends that said deposits were made to take advantage of the California exemption laws noted in footnotes 1 and 2. The Referee found that the bankrupts were co-partners doing business as Myrtle Feed Store; that in contemplation of these bankruptcy proceedings, they took monies from their partnership and sold certain stock-in-trade of the partnership to obtain further monies; and that the monies so obtained were deposited in bankrupt wife’s name as above noted.

The Referee entered a turnover order, compelling bankrupt wife to turn said deposits over to the Trustee.

Bankrupt wife relies on In re Dudley, D.C., 72 F.Supp. 943 ; and Crawford v. Sternberg, 8 Cir., 220 F. 73 . The Dudley case relates specifically to the exchange of owned non-exempt assets for exempt assets. It…

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