Whether the personal liability of plaintiff on the judgments described in the pleadings was discharged by the bankruptcy was not adjudicated in the court below. The court held only that the judgment lien is not enforceable during the existence of the homestead but is enforceable against the homestead land after the expiration of the exemption. The correctness of this ruling is the crucial question presented on this appeal.
*382Tbe purpose of bankruptcy legislation is to effect an equitable distribution of tbe bankrupt’s property among bis creditors and discharge tbe debtor from bis obligations.
Exempt property is expressly excepted from tbe operation of tbe Act, 11 U. S. C. A., sec. 110, and tbe trustee must set apart and allot to tbe bankrupt sucb exemptions as are allowed by tbe State law. 11 U. S. C. A., sec. 75 (a). When-there is no trustee, this may be done by tbe court itself. Smalley v. Laugenour, 196 U. S., 93, 49 L. Ed., 400.
Except as expressly stated in tbe Act tbe bankruptcy statute does not serve to discharge liens upon tbe property of bankrupt. It does provide that “all . . . judgments . . . obtained through legal proceedings against a person who is insolvent, at any time within four months prior" to tbe filing of a petition in bankruptcy against him, . . . shall be deemed null and void in case be is adjudged a bankrupt and tbe property affected by tbe . . . judgment . . . shall be deemed wholly discharged and released from tbe same, and shall pass to tbe trustee as a part of tbe estate of tbe bankrupt.” 11 U. S. C. A., sec. 107 (f).
While there is some conflict of State authority, it is generally held, that this section does not avoid liens as against all tbe world, but only as against tbe trustee, and those claiming under him. 6 Am. Jur., 698; 8 C. J. S., 910. Tbe lien is not avoided for tbe benefit of tbe bankrupt save as to bis exempt property. This view has been approved and adopted by tbe Supreme Court of the United States. Fischer v. Gas Co., 309 U. S., 294, 84 L. Ed., 764. See also Connell v. Walker, 291 U. S., 1, 78 L. Ed., 613; Credit Co. v. Miller, 9 Am. Bankr. Rep. (NS), 728.
Homestead exemptions are granted by and subject to State law. With us tbe homestead is not an estate in land. It is a mere exemption from sale under execution or like process. Art. X, sec. 2, N. C. Const.; Caudle v. Morris, 160 N. C., 168, 76 S. E., 17; Sash Co. v. Parker, 153 N. C., 130, 69 S. E., 1.
A judgment is a lien on tbe land in which tbe homestead is allotted but collection by sale under execution or other process is prohibited during tbe life of tbe exemption. G. S., 1-369; Rankin v. Shaw, 94 N. C., 405; Jones v. Britton, 102 N. C., 166; Hardware Co. v. Jones, 222 N. C., 530, 23 S. E. (2d), 883. Tbe exemption relates only to tbe remedy. Goodwin v. Claytor, 137 N. C., 225; Sexton v. Ins. Co., 132 N. C., 1.
It may be conceded that tbe bankrupt may assert tbe invalidity of a lien created within four months of bankruptcy by attachment or like process, tbe enforcement of which would serve to defeat tbe exemption. Fischer v. Gas Co., supra. But with us a judgment is not a lien on the. homestead. It is a lien only on tbe land burdened by tbe exemption. Hence defendant’s judgment is not a lien on tbe debtor’s homestead to be avoided at tbe instance of tbe bankrupt.
*383Here the bankruptcy court adjudged no assets' available for unsecured creditors and declined to administer the property as being too burdensome. Creditors abandoned any claim thereto. Plaintiffs homestead was allotted in the whole tract of land owned by him and title to the land, subject to the homestead exemption and existing liens, reverted to him. The lien of defendant’s judgment was not discharged. It continues in full force and effect and may be enforced upon termination of the homestead exemption. His rights in this respect were fully protected by the judgment below.
In view of the disposition we have made of this appeal, the other questions discussed in the briefs are immaterial.
No error.