In re Kossack

Bankrupt petitions for review of an order of the referee overruling bankrupt’s objections to the trustee’s- report of exempt property.

On March 10, 1952 bankrupt was adjudged upon his voluntary petition that day filed, in which he claimed as exempt the residential property described in a “Declaration of Homestead” which had been “executed” by him and his wife oil a printed form in the manner hereinafter detailed, and recorded on February 3, 1948 in the office of the County Recorder of Los Angeles County.

In due course the trustee in bankruptcy filed his report of exempt property pursuant to General Order 17, 11 U.S.C.A. following § 53, in which the trustee declared his refusal to list or set apart as exempt the residential property thus claimed as a homestead, “for the reason that the Declaration of Homestead * * * is not properly executed under the law.” See Bankruptcy Act § 47, sub. a(6), 11 U.S.C.A. § 75 , sub. a(6).

Within the permitted ten-day period bankrupt filed objections to this determination of the trustee. Gen. Order 17(2), 11 U.S.C.A. following § 53. Upon the issues thus joined a hearing was had, following which the referee concluded that the “Declaration of…