Gardner

This appeal involves the question of whether the bankrupt is entitled to a homestead exemption in a lot located in the City of Los Angeles. The referee, in a summary proceeding brought by the trustee, made an order adjudging that the bankrupt’s claim of a homestead exemption was invalid, and that the trustee, as such, was entitled to the lot. Upon petition for review, the district court reversed the referee’s order and held the claim of homestead exemption valid. 97 F.Supp. 779 .

The bankrupt filed her voluntary petition in bankruptcy in the court below on April 24, 1947. Her petition scheduled real estate: “none”; under schedule B5, “property claimed to be exempt under federal and state laws”, she listed: “none”. After his appointment, the trustee instituted a civil action in the District Court for the Southern District of California seeking to set aside as fraudulent transfers of the lot which the bankrupt had made to her daughter and the daughter’s children in the year 1944. Defendants in the action were the bankrupt, her daughter, and the daughter’s children. An answer was filed on behalf of defendants in that action, including the bankrupt, but the answer contained no…