100 Pa. Super. 231 | Pa. Super. Ct. | 1930
Argued October 15, 1930. The material facts in this case are these: On July 30, 1929, Charles Lipschutz was elected trustee in bankruptcy of the Estate of Elias Goldstein, and immediately came into possession of funds theretofore held by the receiver, which included the $300 exemption which the bankrupt claimed "in cash" in his *233 schedules filed. On August 30, 1929, the Mercantile Finance Company, Inc., issued an attachment execution against Goldstein on a judgment entered on a note waiving exemption, and the trustee was summoned and served as garnishee. On September 16, 1929, the trustee was served with a second attachment sur judgment issued by the appellant, The Home Mutual Loan Association, against Goldstein and others, on a judgment note containing a waiver of exemption. In the interim, September 13, 1929, the trustee filed with the referee in bankruptcy his report, in which the $300 in cash was formally set aside to the bankrupt as his exemption. Appellant, the second attaching creditor, having taken a rule for judgment against the trustee as garnishee, the Mercantile Finance Company, Inc., the first attaching creditor was permitted to intervene as a party claimant. The court below discharged appellant's rule and entered judgment for the Mercantile Finance Company, Inc.
The single question presented to us is whether the $300, which the trustee held for the bankrupt as his exemption, could be attached before it was formally set aside by the trustee for the bankrupt. Appellant concedes, as indeed it must, that the $300 exemption in the hands of the trustee in bankruptcy does not belong to the creditors, but remains the property of the bankrupt. This has been decided over and over again by the United States courts and by this court. See Lockwood v. Exchange Bank,
The judgment is affirmed. *235