In re Wilkens

Citations

• 191 F. 94
• 1911 U.S. Dist. LEXIS 108

Syllabus

<p>Bankruptcy (§ 387*) — Composition—Bight of Creditor to Prove Increased Claim — Baches .</p> <p>Under Bankr. Act July 1, 1898, c. 541, § 14c, 30 Stat. 530 (U. S. Comp. St. 1901, p. 3427), wMch provides that confirmation of a composition shall discharge the bankrupt from his debts legally covered by the composition, a creditor whose claim was shown on the bankrupt’s schedule, and who was given due notice of the offer of composition, but paid no attention to it, and made no proof of his claim, is chargeable with laches, and ‘ in the absence of fraud will-not be allowed to come in and prove a larger claim, after the composition has been confirmed and he has received his dividend on the amount shown by the schedules.</p> <p>[Ed. Note. — For other cases, see Bankruptcy, Dec. Dig. § 387.*]</p>