KILGO v. UNITED DISTRIBUTORS

No. 15456.

223 F.2d 167 (1955)

Billy Reed KILGO, Bankrupt, Appellant, v. UNITED DISTRIBUTORS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 29, 1955.


Attorney(s) appearing for the Case

Irving Ward-Steinman, Alexandria, La., for appellant.

Lloyd G. Teekell, Alfred Mansour, Alexandria, La., for appellee.

Before RIVES and CAMERON, Circuit Judges, and DAWKINS, District Judge.


BEN C. DAWKINS, Sr., District Judge.

The question presented here is whether, as contended by appellant, a mortgage executed on February 16, 1952, on the homestead of a debtor in the sum of $10,000, containing a waiver of the homestead according to the permissible provisions of the Louisiana law for an antecedent debt, while the debtor was insolvent to the knowledge of the mortgagee, all within four months of adjudication in bankruptcy, is voidable in toto or merely...

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