In re Mouton

DAWKINS, District Judge.

This case presents the question of law as to whether, under section 74 of the Bankruptcy Act, as amended, a debtor can compel a single dissenting creditor, who holds a mortgage to secure its debt, to accept the property upon which that mortgage rests in satisfaction of its claim.

The facts are fully set forth in the opinion and report of the referee on the first hearing, which disclosed that the debtor’s estate consisted entirely of real estate, most of which was mortgaged to various creditors ; that his proposal was to turn over to each the property covered by his…