In re Cohen

Citations

• 131 F. 391

Syllabus

<p>1. Bankruptcy — Trustees—Appointment by Referee.</p> <p>Where, at the first meeting of the creditors of a bankrupt, the referee found it impracticable to pass on the validity of the claims there presented, because the validity of a large number of them was attacked by other creditors, and therefore continued the consideration thereof, it being impossible to select a trustee in the ordinary manner, it was proper for the .referee to appoint a trustee of his own selection, as authorized by Bankr. Act July 1, 1898, c. 541, § 44, 30 Stat. 557 [U. S. Comp. St. 1901, p. 3438],</p> <p>2. Same — Petition for Review — Evidence.</p> <p>Where, on petition by creditors for review of an order appointing a trustee for a bankrupt, the creditors desire a review of the evidence, they should either have the evidence before the referee taken down stenographieally. and by him certified to the judge, or should specifically point out to the referee the testimony which they wish summarized, and should ask him to certify specific findings of fact.</p> <p>3. Same — Continuance.</p> <p>Where, at the first meeting of creditors of a bankrupt, disputes as to the validity of certain claims arose, the right to continue the hearing of such contests was within the discretion of the referee.</p> <p>¶ 2. Appeal and review in bankruptcy cases, see note to In re Eggert, 43 O. C. A. 9.</p>