In re Gilmore
District Court, D. Alaska
Bankruptcy. In this matter a petition was filed by certain creditors seeking to have one P. F. Gilmore adjudged a bankrupt. The petition was filed on November 27, 1914, and it alleges, in substance, that on July 28, 1914, the said P. F. Gilmore transferred, conveyed, and concealed his property with the intent to hinder, delay, and defraud his creditors. The petitioning creditors appeared by their attorneys Messrs.
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Bankruptcy. In this matter a petition was filed by certain creditors seeking to have one P. F. Gilmore adjudged a bankrupt. The petition was filed on November 27, 1914, and it alleges, in substance, that on July 28, 1914, the said P. F. Gilmore transferred, conveyed, and concealed his property with the intent to hinder, delay, and defraud his creditors. The petitioning creditors appeared by their attorneys Messrs. Gunnison & Robertson, and the defendant appeared in his own proper person. Evidence was heard in behalf of both parties. At the hearing the court permitted the defendant to1 amend…
1Opinion of the Court
JENNINGS, District Judge.
Subdivision “b” of section 3, chapter 3, of the Bankruptcy Act of 1898 (30 Stat. 546 [U. S-Comp. St. 1916, § 9587]), provides:
*294“A petition may be filed against a person wbo is insolvent and wbo bas committed an act of bankruptcy witbin four months after tbe commission of said act,” etc.
“c. It shall be a complete defense to any proceedings in bankruptcy instituted under tbe first subdivision of this section to allege and prove that tbe party proceeded against was not insolvent as defined in this act, at tbe time of filing tbe petition against him, and if solvency at…
2Cases cited2 opinions
- In re HinesDistrict Court, D. Oregon · 1906
- In re BaumannDistrict Court, W.D. Tennessee · 1899
3Cited by2 opinions
- Lasswell v. Stein-Block Co.Court of Appeals for the Fifth Circuit · 1937
- In re WaddellDistrict Court, D. Kansas · 1974