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· 5/29/1912

In re Churchill

Citations

  • 197 F. 114
  • 1912 U.S. Dist. LEXIS 1395

Syllabus

<p>Bankruptcy (§ 413*) — Discharge—Right op Trustee to Oppose — Construction op Statute.</p> <p>Under Bankruptcy Act July 1, 1898, c. 541, § 14b, 30 Stat. 550 (U. S. Comp. St. 1901, p. 3427), as amended by Act June 25, 1910, c. 412, § 6, 36 Stat. 839 (U. S. Comp. St. Supp. 1911, p. 1496), wlifeb. provides that a trustee may appear and interpose objections to the bankrupt’s discharge if he “shall be authorized to do so at a meeting of the creditors called for that purpose,” where such authority has been given, neither the referee nor court has power to withhold such right or to prescribe as conditions to its exercise that no expense shall be imposed on the estate thereby or that it shall not delay settlement of the estate beyond a stated time.</p> <p>[Ed. Note. — For other eases, see Bankruptcy, Cent. Dig. §§ 712, 718, 725, 727; Dec. Dig. § 413.*]</p>

Judges: Geiger

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