In re Tribelhorn

Citations

• 137 F. 3
• 69 C.C.A. 601
• 1905 U.S. App. LEXIS 4531

Syllabus

<p>1. Bankruptcy—Involuntary Petition—Petitioning Creditors—Splitting Claims.</p> <p>Where a landlord—one of the petitioning creditors in an involuntary bankrupt petition—assigned his claim, or a part thereof, to the attorney for the petitioning creditors after the petition was filed, the attorney was not entitled to join in the petition, to make up the number of creditors prescribed by Bankr. Act July 1, 1898, e. 541, § 59d, 30 Stat. 561 [Ü. S. Comp. St 1901, p. 3445],</p> <p>2. Same—Intervention—Time.</p> <p>Where an involuntary bankruptcy petition had been dismissed for insufficiency of petitioning creditors, it was then too late for a nonparticipating creditor to intervene as a matter of right, and the denial of such application was a proper exercise of discretion.</p> <p>3. Same.</p> <p>Where creditors of an involuntary bankrupt, alleged to have been withheld from the bankrupt’s answer, had all been informed of the pendency of the proceedings, but had not appeared or asked to intervene, and there was nothing to indicate that they could be induced to join in the proceedings, it is not error for the court to refuse to withhold an order dismissing the proceedings for want of sufficient petitioners until the clerk could notify such creditors.</p> <p>4. Same—Service—Mode.</p> <p>Under Bankr. Act 1898, requiring an alleged involuntary bankrupt to file with his answer, when it alleges a larger number than 12 creditors, a list, under oath, of all his creditors, with their addresses, and providing that the court shall cause such creditors to be notified of the pendency of the petition, and shall delay the proceedings to enable them to be heard, the mode of service of notice on such creditors is immaterial; the creditors named being actually served in time to intervene if they desired so to do.</p>