236 F. 606 | E.D. Pa. | 1916
The petitioner, Warren Stirling, obtained a judgment against the bankrupt in the sum of $12.50 in the municipal court, Philadelphia county, April 17, 1916, upon which execution was issued the same day and a levy made upon the household goods and furniture at the bankrupt’s home. A voluntary petition in bankruptcy was filed, and the bankrupt was adjudged a voluntary bankrupt on May 15, 1916. The schedules filed by him showed liabilities of about $800. The schedules showed but one item of assets, as follows:
“Invested as part payment of household goods about six years ago, $200.00.”
This item is claimed by the bankrupt in his schedules as property exempted by state laws. On June 12, 1916, upon petition of the bank
If the present application were opposed by a trustee on behalf of the creditors, the court would, in a proper case, continue the restraining order to permit the trustee to set aside the exempt poperty. The answer to the petition to vacate, however, is filed by the bankrupt. He has set out in his schedule the item above referred to as his only asset, and claims it entirely under his right to exemption. He now seeks to continue to delay his judgment creditor by the restraining order, upon the ground that what he has claimed as exempt is part of the bankrupt estate. Surely he cannot shift his position in that manner. Having made his claim that the equity in the household furniture levied upon at the instance of the judgment creditor is exempt, he is estopped from denying the effect of what he set out in his schedules. By his own act he has claimed that his assets are beyond the reach of his trustee in bankruptcy and are therefore out of the jurisdiction of this court. Fie oannot be permitted to use the court of bankruptcy as a means to delay indefinitely the enforcement of the lien acquired by the sheriff’s levy.
It is ordered that the restraining order be vacated.