In re Kahley
District Court, W.D. Wisconsin
Application by Joseph ICahley. one of the bankrupts, for a discharge. In this case the assignee received from the estate of the bankrupts a sum exceeding fifty per centum of the debts proven, without deducting the costs and expenses of the proceedings, but after paying the costs and expenses it did not equal fifty per centum of the debts.
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Application by Joseph ICahley. one of the bankrupts, for a discharge. In this case the assignee received from the estate of the bankrupts a sum exceeding fifty per centum of the debts proven, without deducting the costs and expenses of the proceedings, but after paying the costs and expenses it did not equal fifty per centum of the debts. The debts were all contracted since the 1st of January, 1869. The applicant, in his petition, claimed that he was entitled to his discharge without the assent of his creditors, as the amount of his assets received by the as-signee exceeded fifty per centum…
1Opinion of the Court
HOPKINS, District Judge.
The determination of the question involves a construction of section 33 of the bankrupt act |of 1867 (14 Stat. 533)] as amended by the act of July 27. 1S68 [15 Stat. 227], The counsel for the bankrupt contends that in all cases where the value of the assets “equals fifty per cen-tum of the debts proven,” a discharge should be granted as a matter of right. On the presentation of the question to me. I thought it quite plain that such was the meaning, but upon an examination of the authorities I found it not quite so clear as I first thought. I found that Judge Nelson, in…
2Cited by2 opinions
- In re HyndmanDistrict Court, W.D. Tennessee · 1880
- In re WaggonerDistrict Court, W.D. Tennessee · 1881