In re Curmar Mfg. Co.

The adjudication of the bankrupts, husband and wife, occurred on February 21, 1948, on a voluntary petition filed the same day, which listed the property upon which they resided and claimed it as exempt as a homestead. At that time no declaration of homestead had been made or recorded by either bankrupt in accordance with sections 1262-63-64 of the Civil Code of California. This was done on February 24, 1948, three days after the adjudication. After hearing, the Referee refused to allow the homestead exemption.

In this review of that order there is no charge of fraud or lack of domicile; nor is there any dispute that there was compliance with the above mentioned California Code sections relating to homesteads, insofar as residence, acknowledgment, recordation and the like are concerned. While several points are made by the bankrupts on the petition for review, the actual dispute is whether or not the claim of exemption of property as a homestead is valid when the declaration of homestead was made and filed for record in compliance with the California laws three days after the petition and adjudication in bankruptcy.

The pertinent provisions of the Bankruptcy Act are sections 6,…