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Myers v. Matley, 318 U.S. 622 (1943)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Myers v. Matley, 318 U.S. 622 (1943)
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Myers v. Matley No. 540 Argued March 5, 1943 Decided April 5, 1943 318 U.S. 622
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
1. Under § 70(a) of the Bankruptcy Act, originally and as amended in 1938, a homestead is exempt in bankruptcy if, under the state law, it was exempt from levy and sale when the petition in bankruptcy was filed. P. 625.
2. White v. Stump, 266 U.S. 310, distinguished. P. 625.
3. Historically, and under the theory of the present Act, bankruptcy has the force and effect of the levy of an execution for the benefit of creditors to insure an equitable distribution amongst them of the bankrupt’s assets. The trustee is vested not only with the title of the bankrupt but clothed with the right of an execution creditor with a levy on the property which passes into the trustee’s custody. P. 627.
4. The law of Nevada entitles a debtor to his homestead exemption if the selection of the property and filing for record of the declaration of intention occur at any time before actual judicial sale. P. 627.
130 F.2d 775 affirmed.
Certiorari, 317 U.S. 621, to review the affirmance of a judgment of the District Court, 47 F.Supp. 558, sustaining a claim of homestead exemption and overruling the referee’s denial of the claim.
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Chicago: U.S. Supreme Court, "Syllabus," Myers v. Matley, 318 U.S. 622 (1943) in 318 U.S. 622 318 U.S. 623. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=1TZV5QR54EIFBIQ.
MLA: U.S. Supreme Court. "Syllabus." Myers v. Matley, 318 U.S. 622 (1943), in 318 U.S. 622, page 318 U.S. 623. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1TZV5QR54EIFBIQ.
Harvard: U.S. Supreme Court, 'Syllabus' in Myers v. Matley, 318 U.S. 622 (1943). cited in 1943, 318 U.S. 622, pp.318 U.S. 623. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=1TZV5QR54EIFBIQ.
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