Legal Opinion

In re Fowler

District Court, D. Massachusetts

Decided June 15, 1867No. Case No. 4,998PublishedCited by 7 opinions

1Opinion of the Court

I/OWELL, District Judge.

The district court has power to hear and decide all contested questions, and to stay proceedings improvidently begun. The eleventh section of the statute [Act 18G7 (14 Stat. 521)] seems to contemplate that voluntary petitions may sometimes be contested, for it provides that the register may make adjudication if there be no opposing party. But it is not the intent of the act that the court should inquire whether the petitioner is insolvent or not. When a debtor swears that he is unable to pay his debts in full, and files the requisite petition and schedules, he has…

2Cited by7 opinions

  1. Hanover National Bank v. MoysesSupreme Court of the United States · 1902
  2. In re ForbesDistrict Court, D. Massachusetts · 1904
  3. In Re Fox West Coast TheatresDistrict Court, S.D. California · 1936
  4. Bank of Elberton v. SwiftCourt of Appeals for the Fifth Circuit · 1920
  5. Martin v. FreemanCourt of Appeals for the Ninth Circuit · 1916

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