Legal Opinion

In re Frear

District Court, N.D. New York

Decided March 20, 1903PublishedCited by 7 opinions

This is a motion for an order confirming a composition offered by the bankrupt, and, it is alleged, accepted by a majority in number of all creditors whose claims were allowed, and which number, it is claimed, represent a majority in amount of such claims.

1Opinion of the Court

RAY, District Judge.

While no one appears to oppose the motion, the question arises on the face of the papers whether the court has power and ought to make an order confirming the composition. After adjudication the bankrupt appeared and submitted tp an examination at a meeting of his creditors, and filed in court a schedule of his property and list of his creditors required to be filed by a bankrupt, and then offered, in writing, a composition as follows (so says the referee’s report);

“To pay twenty-five per cent, upon all unsecured debts, not entitled to priority, in satisfaction of his…

2Cases cited3 opinions

  1. In re RudnickDistrict Court, D. Massachusetts · 1899
  2. Farmers' Loan & Trust Co. v. Council Bluffs Gas & Electric Light Co.U.S. Circuit Court for the Southern District of Iowa · 1898
  3. In re HilbornDistrict Court, S.D. New York · 1900

3Cited by7 opinions

  1. In Re Victory Const. Co., Inc.United States Bankruptcy Court, C.D. California · 1981
  2. In Re KornbluthCourt of Appeals for the Second Circuit · 1933
  3. Matter of Herndon Executive Center, Inc.United States Bankruptcy Court, M.D. Florida · 1984
  4. In Re JeppsonUnited States Bankruptcy Court, D. Utah · 1986
  5. In re Northampton Portland Cement Co.District Court, E.D. Pennsylvania · 1911

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