In re Fitzgerald

Citations

• 191 F. 95
• 1911 U.S. Dist. LEXIS 109

Syllabus

<p>1. Bankruptcy (§ 314*) — Intervention—Rights of Creditors.</p> <p>Where a provable claim against a bankrupt existed at tbe time the petition was filed, the subsequent assignment thereof carried with it all the rights and remedies which the assignor had, including the right to • intervene in bankruptcy proceedings.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 314.*]</p> <p>2. Bankruptcy (§ 319*) — Claims—Deficiency—Judgment.</p> <p>Where an assignor held a bond secured by mortgage against the bankrupt at the time the petition was filed and the property was sold and a judgment for a deficiency was entered about a month after-bankruptcy, the assignor had a claim which was provable though not yet recoverable at the time of filing the petition, so that, when the amount of the deficiency was ascertained and judgment entered therefor, the claim, by the entry' of the judgment, became liquidated so as to authorize the assignee to intervene.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 319.*]</p>