In re Beck

LOWELL, District Judge.

The only question left to be decided in this case concerns the right of a separate creditor to .vote for trustee in case of the separate bankruptcy of one member of a partnership all the assets being partnership assets, and there being one joint creditor. Bankr. Act, § 5b, provides that “the creditors of the partnership shall appoint the trustee,” but I am of opinion that this provision applies only in the case of a joint petition. In the case of a separate petition it would be inconvenient that the right of creditors to vote should depend upon the bankrupt’s membership…