Mary Wagner Thompson v. John O. England, as Trustee of the Estate of James Leo Thompson, Bankrupt

DENMAN, Chief Judge.

This is an appeal from a decision of the United States District Court confirming the Referee in Bankruptcy’s order disallowing appellant’s claim.

Appellant loaned her husband, the bankrupt, $12,000 of her separate ■property to be repaid from the proceeds of his business “as soon as said business ■is in a sound, financial position.” In order for a creditor to share iri the assets of a bankrupt he must have a claim both :provable under one or more of the overlapping subdivisions of Section 63 of the Bankruptcy Act and allowable under Section 57, 11 U.S.C.A. §§ 93, 103.…