Legal Opinion

Sellers v. Bell

Court of Appeals for the Fifth Circuit

Decided May 31, 1899No. 818PublishedCited by 21 opinions

Appeal from the District Court of the United States fo.r the Middle District of Alabama. Willis Y. Bell, the appellee, resides in Montgomery county, Ala.

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Appeal from the District Court of the United States fo.r the Middle District of Alabama. Willis Y. Bell, the appellee, resides in Montgomery county, Ala. Having caused to be prepared a petition to the court of bankruptcy praying for the benefit of the bankrupt act, to be adjudged a voluntary bankrupt, and to have a discharge from all his debts provable under the act, on September Sth he made affidavit before a notary public to this petition and to Schedules A and B attached thereto, and to a statement in writing “that he is a poor man; that he is not possessed of sufficient means and is not…

1Opinion of the CourtMeCORMIGK, Circuit Judge

It is to be observed that the petition in this case was presented before the general orders and forms in bankruptcy were prescribed by the supreme court. The general orders were adopted and established November 28, 1898, to take effect January 2, 1899. The forms in bankruptcy were not promulgated until December —, 1898. The attorneys who prepared the petition and schedules and their verification in this case had to use such forms as seemed to them to fit the provisions of the statute and the conditions of the estate. It is made the duty of referees to examine all schedules of property and…

2Cases cited1 opinion

  1. Craft & Co. v. StoutzSupreme Court of Alabama · 1891

3Cited by21 opinions

  1. In Re PetersUnited States Bankruptcy Court, W.D. Texas · 1988
  2. In Re Estate of MillingtonCalifornia Court of Appeal · 1923
  3. In the Matter of Athen Carlton Garland, BankruptsCourt of Appeals for the First Circuit · 1970
  4. Los Angeles Finance Co. v. FloresCalifornia Court of Appeal · 1952
  5. In Re MimsUnited States Bankruptcy Court, E.D. North Carolina · 1985

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