In re Billing
District Court, M.D. Alabama
In Bankruptcy. On petition to vacate adjudication. On the 15th of January, 1903, a petition was filed against F. M. Billing by certain of his creditors, praying that he be adjudged a bankrupt, the act of bankruirtcy charged being the making of a conveyance of a part of his real estate, on December 22, 1902, while insolvent, etc. Billing appeared 'and contested. The matter was referred to the referee to ascertain and report the facts.
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In Bankruptcy. On petition to vacate adjudication. On the 15th of January, 1903, a petition was filed against F. M. Billing by certain of his creditors, praying that he be adjudged a bankrupt, the act of bankruirtcy charged being the making of a conveyance of a part of his real estate, on December 22, 1902, while insolvent, etc. Billing appeared 'and contested. The matter was referred to the referee to ascertain and report the facts. Upon the coming in of his report and finding, on the 18th of August, 1905, the court adjudged Billing a bankrupt. Mrs. S. IT. Downer, a creditor, died on the…
1Opinion of the Court
JONES, District Judge.
1. The Constitution vests broad power in Congress “on the subject of bankruptcies,” and it has a wide field of discretion as to the modes of procedure for ascertaining and declaring the status of bankruptcy. If a bankruptcy statute provides for proper notice and fair opportunity to the debtor to defend against adjudication in an involuntary proceeding, due process is not denied creditors, although no provision be made for giving them notice, or, for that matter, for allowing them to become parties to the proceeding. Congress, not being bound to provide for notice to…
2Cases cited4 opinions
- Mueller v. NugentSupreme Court of the United States · 1902
- Bank v. ShermanSupreme Court of the United States · 1880
- Ex Parte ClarkeSupreme Court of the United States · 1880
- In re StegarDistrict Court, N.D. Alabama · 1902
3Cited by5 opinions
- In re Double Star Brick Co.District Court, N.D. California · 1913
- Stone v. Superior Fire Ins.Supreme Court of Pennsylvania · 1924
- Coppard v. GardnerCourt of Appeals of Texas · 1917
- In re Culgin-Pace Contracting Co.District Court, D. Massachusetts · 1915
- In re RodriguezDistrict Court, D. Puerto Rico · 1917