In re Drisko
District Court, D. Massachusetts
This was a voluntary petition for the benefit of the bankrupt act. A creditor having an attachment on mesne process upon the chattels of the bankrupt petitions that the proceedings may be stayed and annulled, on the ground that the bankrupt has before applied for the benefit of the act, in March, 1872, and that in February, 1875, his discharge was refused, by reason of certain frauds specified and proved against him.
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This was a voluntary petition for the benefit of the bankrupt act. A creditor having an attachment on mesne process upon the chattels of the bankrupt petitions that the proceedings may be stayed and annulled, on the ground that the bankrupt has before applied for the benefit of the act, in March, 1872, and that in February, 1875, his discharge was refused, by reason of certain frauds specified and proved against him. To this it was replied that Drisko had contracted new debts since the date of the former proceedings, and before his second petition was filed, amounting to more than $300. The…
1Opinion of the Court
LOWELL, District Judge.
A very interesting question is presented by this petition, which 1 understand is likely to be carried to the circuit court I have thought it my duty, however, to consider it with as much attention as if my decision would be final.
It was twice decided m Massachusetts, that, when a discharge had been refused to a bankrupt or insolvent he might yet apply *1105again for the l)enefit of the statute, if he had contracted new debts sufficient in amount to gire the court jurisdiction. Fisher v. Currier, 7 Metc. [Mass.] 424; Gilbert v. Hebard, 8 Metc. [Mass.] 129. In the former of…
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