In re Stegar
District Court, N.D. Alabama
In Bankruptcy. On question certified by referee. On the 11th day of January, 1902, J. A. Anderson & Co. et al. filed a petition in bankruptcy against Reuben Stegar, A subpoena was issued, but not served.
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In Bankruptcy. On question certified by referee. On the 11th day of January, 1902, J. A. Anderson & Co. et al. filed a petition in bankruptcy against Reuben Stegar, A subpoena was issued, but not served. Three days afterwards, Stegar, not having appeared in the involuntary proceeding, filed a voluntary petition, which, iu the absence of the judge in the Middle • district, was referred to the referee for adjudication. -When the matter came on to be heard, the petitioning creditors pleaded the pendency of the prior involuntary proceeding in abatement of the subsequent voluntary proceeding, and…
1Opinion of the Court
JONES, District Judge.
The object of the law in giving a creditor the right to force his insolvent debtor into bankruptcy is to. compel the just distribution of the insolvent’s estate among creditors. If the petitioning creditors obtain this result, they cannot complain, so long as their rights are fully protected, that the distribution, instead of *979being effected on the creditor’s petition, is accomplished upon the voluntary petition of the debtor. Ordinarily, adjudication on the debtor’s own petition is the better mode, since it is quicker, less expensive, and less likely to lead to delay and…
2Cited by12 opinions
- International Silver Co. v. New York Jewelry Co.Court of Appeals for the Sixth Circuit · 1916
- Germania Nat. Bank of Milwaukee v. LachenmaierCourt of Appeals for the Seventh Circuit · 1913
- In Re Dejay Stores, Inc.District Court, S.D. New York · 1963
- In re New Chattanooga Hardware Co.District Court, E.D. Tennessee · 1911
- In re R. H. Pennington & Co.District Court, W.D. Kentucky · 1915
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