In re Mulkins & Crawford Electric Co.

Good Law
145 F. Supp. 146·1956 U.S. Dist. LEXIS 2570
United States District Court, Southern District of CaliforniaSeptember 28, 1956No. 68205California573 words

Opinion

lead Opinion

Byrne, J.

The trustee has filed a petition for the review of an order made by the referee in which certain building and loan shares were held exempt to the bankrupt Glen K. Crawford. . .

In his schedules the bankrupt Crawford listed as an asset certain shares in Huntington Park First Savings and Loan Association of 'the.value of $1,000, which he claimed as exempt under § 690.21 of the California Code of Civil Procedure. *147 The trustee refused to' set the shares apart’ as exempt; upon’the'ground that they were “accumulative shares and not shares of stock of that character to which exemption can be allowed”. After a hearing on the bankrupt Crawford’s exceptions to the trustee’s report, the referee held that the shares are “shares of stock in a building and loan association”, hence exempt under § 690.21 of the Code of Civil Procedure.

Section 690.21 exempts from execution and attachment (consequently allowed in bankruptcy, 11 U.S.C.A. § 24 ), “Shares of stock in any building and loan association .to the value of one thousand dollars.” The sole issue for determination is whether the sharés • in question are “shares of stock in a building and loan association”.

The California Savings and…

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