In re BEAN

In re BEAN. (District Court, D. Vermont. February 22, 1900.) No. 221. 1. Bankruptcy — Exemptions—Pension Money. Money received from the United States as a pension, and remaining' unchanged in the pensioner's hands at tlie time of filing his petition in bankruptcy, is exempt froih liability for his debts under Rev. St. U. S. § 4747, and does not pass to his trustee in bankruptcy as assets of his estate. 2. Same — Schedule of Assets — Amendment. Money received from the United States as a pension, and remaining in the pensioner’s hands at the time of filing his petit’on in bankruptcy, should be listed in his schedule of assets under the heading of “cash on hand,” with a statement that he claims it as exempt. If omitted without fraudulent intent, the bankrupt may be allowed to insert it by amendment. 3. Same — Payment of Fees by Voluntary Bankrupt. The liability of a voluntary bankrupt to pay the fees required by Bankr. Act 1898, § 51, cl. 2, does not depend upon his having property which is not exempt, but he is excused from such payment only in case of absolute inability. He may be ordered to pay such fees out of pension money remaining in his hands at the time of filing the petition. 4. Same — Homestead Exemption. Where a bankrupt claims property as a homestead, and proceedings are taken before the referee to subject it to the payment of a prior debt, tbe bankrupt should be allowed an opportunity to set up the statute of limitations against such debt. In Bankruptcy. On review of order of referee in bankruptcy. H. A. Farmer, for bankrupt. W. EL Taylor, trustee in bankruptcy, pro se. [MAJORITY — WHEELEB, District Judge.] WHEELEB, District Judge. The bankrupt’s pension money, in his hands at the time of filing his petition as it was received, and not loaned or invested, or changed in its nature, would seem to be exempt, under section 4747, Rev. St. IT. S., which not only exempts it in transmission, but provides that “it shall inure wholly to the benefit of such pensione^.” This excludes all others while it remains pension money in tlie pensioner's hands. In Martin v. Hurlburt, 60 Vt. 364, 14 Atl. 649, the pension money had been changed in nature by investment into a savings bank deposit; not for safekeeping, but to earn dividends. The pensioner there did not have the pension money, but the savings bank deposit, on hand. This money should not, therefore, be ordered to the trustee. It should, however, have been put into the schedule as money on hand, with a statement of the exemption. On the report of absence of fraud in the omission, the referee may properly, apparently, allow an amendment inserting it. And it may be subject to an order for payment of the statutory fees, which are primarily for services for the benefit of the bankrupt, and do not depend upon property not exempt, but upon absolute inability. The house and land whereon the bankrupt lives seems to be a homestead proper; the separate parcel not. Tlie homestead is not liable to a prior debt except as it might go into judgment against him, where he cork) plead the statute of limitations or other defense. lie is entitled here to contest the claims as against liis homestead upon that ground, and the trustee should afford him an opportunity to do so before the referee before proceedings against the homestead for satisfying such prior claim. Order modified accordingly. ,