In re the General Assignment for the Benefit of Creditors of Filartex Fabrics Co.

The petitioner, as assignee for the benefit of creditors, has moved to settle its final account, to discharge itself and its surety from further liability hereunder, and for incidental relief including commissions, fees, and allowances. Although notice of the petition has been given to creditors variously interested in the estate, none has objected to the settlement of the account. It may be argued that the American judicial process contemplates adversary proceedings and that in the absence of opposition the relief requested should be granted. Such a contention would be most dubious in an…