Denton & Anderson Co. v. Induction Heating Corp.

FRANK, Circuit Judge.

Appellant’s claim was not a debt “incurred” after the date of the filing of the arrangement petition. It was “incurred,” before that date, when debtor accepted the orders obtained by appellant. That the debtor did not schedule any debt to appellant has no significance.

When the arrangement went into effect, and before the orders were filled and the debtor was paid, appellant could at once —under Bankruptcy Act Sections 57, sub. d and 63, sub. a(8) — have filed a claim either1 (1) as an unliquidated claim or (2) as a contingent claim.2 For appellant had fully performed, and…