In re Barrager

Citations

• 191 F. 247
• 1911 U.S. Dist. LEXIS 114

Syllabus

<p>1. Bankruptcy (§ 418*) — Discharge—Objections—Fiuing—Time.</p> <p>General bankruptcy order 12 (3) provides that applications for a bankrupt’s discharge should be beard and decided by the judge, but be may refer the application to tbe referee to ascertain and report the facts. Order 32 declares that a creditor opposing the application shall enter his appearance on tbe day when creditors are required to show cause and shall file a specification in writing of the grounds of his opposition within 10 days thereafter, unless the time shall be enlarged by special order of the judge. Hold, that any creditor desiring to oppose a bankrupt’s discharge is entitled to the entire day on which the creditors are required to show cause why the discharge should not be granted in which to enter their appearance and opposition and 10 days thereafter in which to file specifications of opposition.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 413.*]</p> <p>2. Bankruptcy (§ 405*) — Discharge—Opposition—Creditors.</p> <p>Where certain persons were named on the bankrupt’s schedules as creditors, that fact constituted prima facie evidence that they were creditors and entitled to oppose the granting of a discharge, though they had not filed or made formal proof of their claims.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 405.*]</p>