In re Pierson
District Court, S.D. New York
In the matter of Edgar E. Pierson, bankrupt. On application by bankrupt to reopen proceedings. This was an application by the bankrupt to reopen the administration of the estate under Act July 1, 1898, c.' 541, § 2, subd. 8, 30 Stat. 546 (ü. S. Comp. St. 1901, p. 3421), upon the ground that there are newly discovered assets in the form of land, the title to which the bankrupt did not know he held at the time of filing the petition.
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In the matter of Edgar E. Pierson, bankrupt. On application by bankrupt to reopen proceedings. This was an application by the bankrupt to reopen the administration of the estate under Act July 1, 1898, c.' 541, § 2, subd. 8, 30 Stat. 546 (ü. S. Comp. St. 1901, p. 3421), upon the ground that there are newly discovered assets in the form of land, the title to which the bankrupt did not know he held at the time of filing the petition. At the first administration of the estate in 1899, no assets were scheduled, and as a consequence no claims were proved. The referee held no meeting of creditors,…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). There is only-one difficulty in the way of the relief asked, which is that under the statute it is long since too late to prove claims. Had any claims been ■ proved, and had there originally been actual administration of any assets, then only those claims which had been proved could now come in. Re Shaffer (D. C.) 104 Fed. 982. Here no claims were filed, for the very good reason that there was then no use in proving them. Unless they may now be proved, the bankrupt cannot do what he honestly wishes, which is to remedy the effect of his mistake.
It is not…
2Cases cited1 opinion
- In re ShafferDistrict Court, E.D. North Carolina · 1900
3Cited by19 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Honda v. ClarkSupreme Court of the United States · 1967
- Burton Coal Co. v. Franklin Coal Co.Court of Appeals for the Eighth Circuit · 1933
- In Re SchreiberCourt of Appeals for the Second Circuit · 1928
- Williams v. RiceCourt of Appeals for the Fifth Circuit · 1929
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