Birkett v. Columbia Bank
Citations
- 195 U.S. 345
- 25 S. Ct. 38
- 49 L. Ed. 231
- 1904 U.S. LEXIS 723
Syllabus
<p>Actual knowledge of the proceedings contemplated by section 17 of the Bankruptcy Act is a knowledge in time to avail a creditor of the benefits of the law and to give him an equal opportunity with other creditors, and not a knowledge that may come so late as to deprive him of participation in the administration of the affairs of the estate or to deprive him of dividends. •</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- generally recognizing some of the debtor’s duties under the Bankruptcy Act of 1898, including filing a list of creditors
- “Section 523(a)(3) of the House amendment is derived from the Senate Amendment.
- discharge refused where creditor received notice too late to participate
Source: CourtListener parenthetical corpus (CC0).
Judges: McKenna, After Making the Foregoing Statement
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.