In re B. Feinberg & Sons

Citations

• 187 F. 283
• 1910 U.S. Dist. LEXIS 37

Syllabus

<p>Bankruptcy (§ 385*) — Claims—Allowance—Surrender of Preference-Existence of Trustee.</p> <p>Where there was a trustee of a bankrupt capable of acting when proofs of certain claims were filed and for eight months prior thereto, and he was not discharged for several weeks after they were filed, the fact that the claims were not submitted for allowance until after the trustee was discharged and his account allowed, and the composition confirmed, did not prevent the referee from allowing them only on condition of surrender of a preference, under Bankr. Act, § 57g (Act July 1, 1898, c. 541, 30 Stat. 560, 562 [U. S. Comp. St. 1901, pp. 3443, 3445]), providing that claims of creditors who have received preferences voidable under section 60b, by the trustee, shall not be allowed unless the preferences are surrendered, since the estate could be reopened, if necessary, as authorized by section 2 '(8), in order that a trustee be appointed to receive the preference.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 385.*]</p>