In re Western Gear Co.

SIMONS, District Judge.

This is a motion by the bankrupt to dismiss an involuntary petition in bankruptcy filed against it, on the ground that such petition shows that the petitioning creditor therein was not a creditor of the bankrupt at the time of the commission of the act of bankruptcy charged in the petition.

The sole question now presented for decision is whether a person who was not a creditor of a bankrupt when the alleged act of bankruptcy was committed, but who is such a creditor when an involuntary petition in bankruptcy, based on such act, is filed against such bankrupt, is legally…