In re Little

Citations

• 137 F. 521
• 70 C.C.A. 105
• 1905 U.S. App. LEXIS 4575

Syllabus

<p>Bankruptcy—Successive Petitions—Time.</p> <p>Bankr. Act July 1, 1898, c. 541, § 59, 30 Stat. 561 [U. S. Comp. St. 1901, p. 3445], provides that any qualified person may file a petition to be adjudged a voluntary bankrupt; and section 4a (30 Stat. 547 [U. S. Comp. St. 1901, p. 3423]) declares that any person who owes debts, except a corporation, shall be entitled to the benefit of the act as a voluntary bankrupt. Act Feb. 5, 1903, e. 487, § 4, 32 Stat. 797 [U. S. Comp. St. Supp. 1903, p. 411], makes it a ground for refusal of a discharge that the bankrupt has been previously discharged within six years. Held, that such limitation referred to the time between the first and second discharge, and not between the first discharge and the filing of the second petition, and hence it was immaterial to the right of a person to be adjudged an involuntary bankrupt that he had previously been discharged in bankruptcy within six years.</p>