Ex parte Trafton
District Court, D. Massachusetts
The bankrupt, having offered a composition of twenty per cent to his creditors, now informs the court by petition that Charles' F. Roberts claims a considerable sum as due to him, which the bankrupt wholly denies. He has placed the name and residence of Roberts on his list, but with a statement that he disputes the whole elaim.
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The bankrupt, having offered a composition of twenty per cent to his creditors, now informs the court by petition that Charles' F. Roberts claims a considerable sum as due to him, which the bankrupt wholly denies. He has placed the name and residence of Roberts on his list, but with a statement that he disputes the whole elaim. An action is pending between the parties in one of the state courts upon this alleged debt; and the prayer is, that the bankrupt may have thirty days after the determination of that action in which to tender twenty per cent of the amount therein ascertained to be due…
1Opinion of the Court
LOWELL, District Judge.
The composition act says that any bankrupt may propose *123a composition to his creditors, and that he must state their names, residences, and the amounts due them, and that the composition, if duly accepted, shall be binding on all the creditors whose names and addresses, and the amounts due them, shall be stated, and shall not affect or prejudice the rights of any other creditors. Creditors here plainly means all who have debts provable in bankruptcy; and there is express provision that in bankruptcy, unliquidated demands, and those which are disputed, may be proved after…
2Cited by3 opinions
- Mudge v. WilmotMassachusetts Supreme Judicial Court · 1878
- Hewes v. RandMassachusetts Supreme Judicial Court · 1880
- International Trust Co. v. MyersMassachusetts Supreme Judicial Court · 1925