In re Burlington Malting Co.
District Court, E.D. Wisconsin
In Bankruptcy. On petition for adjudication of involuntary bankruptcy. The original petition for involuntary bankruptcy is by Adolph Keitel as a single alleged creditor, stating that all the creditors are less than 12 in number. After preliminary hearing in reference to the bona lides and provability of the petitioner’s claim, the further hearing was postponed to enable other creditors to intervene, as the answer disclosed a number of creditors in excess of 12.
1Opinion of the Court
SEAMAN, District Judge.
The objections to these petitions in involuntary bankruptcy raise the twofold question: (1) Whether the original petitioner, as an attaching creditor, was competent to institute the proceeding in bankruptcy, while retaining his attachment levy; and, if competent, (2) whether the intervening petitioners are existing “creditors who have provable claims,” to make up the requisite number of petitioners for an adjudication. In either aspect the question affects the jurisdiction, and should be considered at this stage, although not presented with the formality of a plea in…
2Cases cited7 opinions
- Derby v. Worcester CountyCourt of Appeals for the First Circuit · 1900
- In re GilletteDistrict Court, W.D. New York · 1900
- In re Rogers Milling Co.District Court, W.D. Arkansas · 1900
- In re RadoDistrict Court, S.D. New York · 1872
- In re HazensU.S. Circuit Court for the District of Iowa · 1877
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
- In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
- In re HornsteinDistrict Court, N.D. New York · 1903
- In re VastbinderDistrict Court, M.D. Pennsylvania · 1903
- Lowe v. CrockerWisconsin Supreme Court · 1913
5 more not listed; retrieve them via the Exa API.