In re Casey

Citations

• 195 F. 322
• 1912 U.S. Dist. LEXIS 1644

Syllabus

<p>1. Bankruptcy (§ 410*)—Discharge—Application—Delay in Making—Ex cuse.</p> <p>A bankrupt may be said to bave been unavoidably prevented irom ap plying for a discharge within twelve months after the adjudication, so as to entitle him to apply within 18 months under Bankr. Act July 1, 1898, c. 541, § 14, 30 Stat. 550 (U. S. Comp. St. 1901, p. 3427), if he or his family were sick, and he did not have sufficient means to pay an attorney for preparing his application for discharge.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. § 694; Dec. Dig. § 410.*]</p> <p>2. Bankruptcy (§ 410*)—Discharge—Application—Filing—Extension op Time—Objection—Waiver.</p> <p>A creditor waived objection to an order extending the time for filing bankrupt’s application for discharge by appearing and obtaining time to file specifications of objection to the discharge, and by filing objections.</p> <p>[Ed. Note.—For other eases, see Bankruptcy, Cent. Dig. § 694; Dec. Dig. § 410.*]</p> <p>. 3. Bankruptcy (§ 410*)—Discharge—Jurisbiction.</p> <p>Under Bankr. Act July 1, 1898, c. 541, § 14, 30 Stat. 550 (U. S. Comp. St. 1901, p. 3427), authorizing application for a discharge after one year, but within 18 months after the adjudication, where bankrupt was unavoidably prevented from applying within one year, a federal District Court, sitting in a bankruptcy case, had jurisdiction to entertain an application for an extension of time in which bankrupt might apply for a final discharge, though the evidence was, insufficient to establish the fact that bankrupt was unavoidably prevented from applying for a discharge within the year.</p> <p>[Ed. Note.—For other, cases, see Bankruptcy, Cent. Dig. § 694; Dec. Dig. § 410.*</p> <p>Jurisdiction of federal courts in suits relating to bankruptcy, see note to Bailey v. Mosher, 11 C. C. A. 313.]</p> <p>4. Bankruptcy (§ 415*)—Discharge—Application—Filing—Extension op Time—Re vie w.</p> <p>An order extending the time for filing application for discharge