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WADDELL v. FLEMING

No. 74-1135.

510 F.2d 4 (1975)

In the Matter of M. R. WADDELL, Bankrupt-Appellant, v. Donald E. FLEMING, d/b/a Gardner Grain Co., Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1975.

Certiorari Denied June 16, 1975.

Attorney(s) appearing for the Case

John M. Cleary, Kansas City, Mo. (Charles E. Whitman, Lawrence, Kan., on the brief), for bankrupt-appellant.

Robert B. Oyler, Lawrence, Kan. (James E. Salyer, Lawrence, Kan., on the brief), for respondent-appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

This bankruptcy appeal presents the question whether a farm of a bankrupt which is exempt property as a homestead under Kansas law is to be included among his assets in determining whether he is insolvent within the meaning of § 67a of the Bankruptcy Act, 11 U.S.C.A. § 107(a). The Bankruptcy Judge held the property is so included and the District Court agreed. 388 F.Supp...

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