Nassau Smelting & Refining Works, Ltd. v. Brightwood Bronze Foundry Co.

I cannot concur. I think section 57n has no application to composition proceedings. No one can contend that it applies to composition before' adjudication. In recent years more than two-thirds of the composition cases in this district have been without adjudication. In such cases there is no adjudication from which to date the year, nor, any bankrupt estate; the debtor is never divested of his estate under section 70a (Comp. St. §■ 9654), and, on confirmation, it never revests under section 70£. As matter of literal construction, the words, “Claims shall not be proved against a bankrupt…