In re Stern

Citations

• 144 F. 956
• 76 C.C.A. 10
• 1906 U.S. App. LEXIS 3918

Syllabus

<p>1. Bankruptcy — Defense of Usury Available to Debtor’s Trustee — Iowa Statute.</p> <p>Under the statutes of Iowa (Code 3807, §§ 3040, 3041) and the provisions of the bankruptcy act (Act Cong. July 1, 1898, e. 541, §57a, 30 Stat. 560 [U. S. Comp. St. 1901, p. 34431). the defense of usury is as available to the debtor’s trustee in bankruptcy as to the debtor himself.</p> <p>2. Reconsideration of Claims — Controlling Action by Trustee.</p> <p>If the trustee refuses to more for the reconsideration of a claim which has been allowed, when he ought to do so, he may be compelled to act or to permit objecting creditors to act in his name.</p> <p>.(Syllabus by the Court.)</p>