In re Knox

Citations

• 221 F. 36
• 136 C.C.A. 562
• 1915 U.S. App. LEXIS 1284

Syllabus

<p>1. Bankruptcy <S=>127 — Trustee — Appointment by Referee or Court — “Court.”</p> <p>Within Bankr. Act July 1, 1898, c. 541, § 2 (17), 30 Stat. 545 (Comp. St. 1913, § 9586), authorizing courts of bankruptcy to appoint trustees pursuant to< the recommendation of creditors, or when they neglect to recommend the appointment of trustees, and section 44 (section 962S), providing that the creditors, at their first meeting after the adjudication, shall appoint a trustee, and that, if they do not appoint a trustee, the court shall do so, the referee is included in the term “court.”</p> <p>[Ed. Note.—Eor other cases, see Bankruptcy, Cent. Dig. § 183; Dee. Dig. <@=>127.</p> <p>Eor other definitions, see Words and Phrases, First and Second Series, Court.]</p> <p>2. Bankruptcy <@=>125—Trustee—Election by Creditors—Postponement of Election.</p> <p>At tlio first meeting of the creditors of a bankrupt objections were filed to a majority in amount of the claims. Thirteen creditors, representing claims constituting a majority in amount if the disputed claims were, excluded, but a minority if such claims were included, voted for one person as trustee, and eight creditors, including those whose claims were disputed, for another person. Held, that the referee had authority to postpone the meeting until the objections to such claims could be heard and, decided, and where he did adjourn the meeting, and from time to time heard evidence as to such claims, the election proceeding at such meeting should be treated as tentative.</p> <p>^s>For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 170, 180, 181, 183, 184; Dec. Dig. <§=>125.]</p> <p>3. Bankruptcy <§=>127—Trustee—Appointment by Referee ok Coukt.</p> <p>Under Bankr. Act, §§ 2 (17), 44, where the referee postponed the election of a trustee in bankruptcy because objections were filed to a majority in amount of the claims, and after a delay of