IN RE PERRY

No. B63-398.

225 F.Supp. 481 (1963)

In the Matter of Calvin Clay PERRY, Bankrupt.

United States District Court N. D. Ohio, E. D.

September 27, 1963.


Attorney(s) appearing for the Case

James R. Corley, Mansfield, Ohio, for bankrupt.

Joseph H. Ellison, Mansfield, Ohio, for trustee and referee.


JONES, District Judge.

This is a petition for review filed by Calvin Clay Perry who was adjudicated a bankrupt on January 24, 1963. His schedules showed he owned no homestead. Listed as an asset under Schedule E-2 was an income tax refund for 1962 in the sum of $387.00.

The precise question presented here is whether a bankrupt may claim as exempt property a Federal income tax refund in lieu of homestead under Ohio Revised Code, § 2329.81.

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