In re Blount
District Court, E.D. Arkansas
In Bankruptcy. Involuntary proceedings. On exceptions to master’s report. S. D. Johnston filed a petition to have the above-named bankrupt adjudicated as an involuntary bankrupt, alleging that he was the only creditor of the bankrupt, and setting up a conveyance of all his property for the benefit of his other creditors.
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In Bankruptcy. Involuntary proceedings. On exceptions to master’s report. S. D. Johnston filed a petition to have the above-named bankrupt adjudicated as an involuntary bankrupt, alleging that he was the only creditor of the bankrupt, and setting up a conveyance of all his property for the benefit of his other creditors. The only question put in issue by the bankrupt was a denial that Johnston constituted the only creditor, but alleging that there were more than 12 creditors. No jury having been demanded, the matter was referred to M. L. Stephenson, Esq., one of the referees in bankruptcy, as…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). The main object of the bankruptcy act is to secure an equal distribution of the assets of an insolvent among all his creditors and prevent preferences. Pirie v. Chicago Title & Trust Co., 182 U. S. 438, 449, 21 Sup. Ct. 906, 45 L. Ed. 1171. The duty of the courts is to carry this intention of Congress into effect to the extent which the language oí *266the act justifies. Mere schemes and artifices to avoid the letter and •spirit of the law will not be tolerated. In Leighton v. Kennedy, 129 Fed. 737, 64 C. C. A. 265, a scheme was resorted to for the purpose ■of keeping…
2Cases cited9 opinions
- Fort Leavenworth Railroad v. LoweSupreme Court of the United States · 1885
- Pirie v. Chicago Title & Trust Co.Supreme Court of the United States · 1901
- Willard v. WoodSupreme Court of the United States · 1896
- Leighton v. KennedyCourt of Appeals for the First Circuit · 1904
- Patton v. AdkinsSupreme Court of Arkansas · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
- In Re ArkerUnited States Bankruptcy Court, E.D. New York · 1980
- In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
- In the Matter of Timothy J. Rassi and Virginia Rassi. Jefferson Trust and Savings Bank of Peoria v. Timothy J. Rassi and Virginia RassiCourt of Appeals for the Seventh Circuit · 1983
- Matter of GoldsmithUnited States Bankruptcy Court, E.D. New York · 1983
14 more not listed; retrieve them via the Exa API.