Form 35 is the account for the assignee to render where no assets have
come to his hands; and where assets have come thereto, Forms Nos. 37
and 53 constitute the account, and the register has authority to order
the assignee to submit and file the same. In re John Bellamy, 64.
1. Proceedings on the return day of an order to show cause why the
discharge should not be granted, can be adjourned by reason of the
adjournment of the examination of the bankrupt. In re George S.
Mawson, 271.
2. The pendency of the examination of a bankrupt is good cause under
General Order 6, for adjourning the hearing on the return of an order
to show cause, and such adjournment can be made without requiring
creditors to file appearance under General Order 24, objecting to dis-
charge. In re John Thompson, 323.
3. An adjournment without day, of the proceedings under a petition for
discharge, terminates those proceedings, so far as any action under the
order to show cause is concerned. The time to file objections can be
kept open by adjourning any day which may be fixed for showing
cause, until a reasonable time has elapsed for the examination of wit-
nesses. In re Isaac Seckendorf, 626.
See REGISTER (POWERS OF), 3.
ADJUDICATION OF BANKRUPTCY.
1. Every failing debtor who gives a preference to a part of his creditors,
thereby commits an act of bankruptcy, and a judgment that he is a
bankrupt must follow. In re John T. Drummond, 231.
2. When two distinct matters, each of which contains a good cause of
action or defence, are alleged conjunctively, it is enough if either of
them be satisfactorily proved. Ib.
3. A debtor over whom the court has jurisdiction commits an act of
bankruptcy when he files his voluntary petition for adjudication, and a
single creditor cannot resist the adjudication by plea and proof that the
debtor is really able to pay all his debts. In re James L. Fowler, 680.
4. The cases in which creditors may resist an adjudication are when
there is some defect in the proceedings, or the court has no jurisdic-
tion. lb.
AFTER-ACQUIRED PROPERTY.
See EXAMINATION OF BANKRUPT, 6, 7, 16.
1. The register may allow amendments, if uncontested, to bankrupt's
schedules of property and liabilities. In re Charles A. Morford, 211.
2. The originals of amendments so allowed are to be filed with the
clerk. Ib.
3. A bankrupt may amend his petition after adjudication so as to bring
in his copartner in order to obtain a discharge of copartnership as well
as individual debts. In re William H. Little, 341.
4. Where the averments of a petition are defective it may be amended,
and judgment will be suspended to allow the amendment. In re Asa
W. Craft, 378.
5. Material additions to the schedules of debts, or of property, are not
allowable by way of amendment after the first meeting of creditors,
except upon such conditions as may prevent injustice. In some cases
the issuing of an alias warrant will be required. In re Robert Rat-
cliffe, 400.
6. A bankrupt cannot amend his schedules by adding other names to the
list of creditors, as of course after the warrant and after the close of
the business of the first meeting. In re John Morganthal, 402.
7. The register may report provisionally as to the conditions on which
the amendments should be allowed. Ib.
8. Where a petition averred that acts were committed by bankrupt, in
contemplation of bankruptcy and insolvency, and evidence of insol-
vency only was given, the petition should be amended accordingly.
In re Joseph Haughton, 460.
9. The district court has power to allow amendments in petitions, and
proceedings in bankruptcy; but amendments that would introduce into
the petition entirely new acts of bankruptcy will be disallowed. In re
Frederick C. Crowley & William L. Hoblitzell, 516.
See DISCHARGE (OPPOSITION TO), 3; PROOF OF DEBT, 2; SCHED-
ULES, 2, 3, 10.
Where an appeal from an adjudication of bankruptcy was made from the
district courts to the circuit court, Held, such appeal would not lie,
and should be dismissed for want of jurisdiction. In re Mary O'Brien,
176.
See DISMISSAL OF PROCEEDINGS, 3.
1. Aside from the provisions of the bankrupt act, a warrant of arrest
under the act of 1842 is irregular and cannot be enforced where there
is a pending levy on defendant's personal property by virtue of a fi.
fa. in the sheriff's hands. Commonwealth v. O'Hara, 86.
2. The bankrupt was held in custody by the sheriff of the city and county
of New York, under three several orders of arrest. Four actions were
pending against bankrupt in state courts. Held, That proceedings will
be stayed, and the bankrupt will be discharged from arrest in proper
cases, until the question of his discharge in bankruptcy shall be passed
on in the bankruptcy court. Testimony ordered to be taken and cer-
tified by a referee as to whether the actions were for claims that would
not be discharged in bankruptcy. In re Henry Jacoby, 118.
3. While on his way to be examined as a witness under an order of the
register, bankrupt was arrested on mesne process issued by a state court.
Held, That the arrest was a violation of his privileges, and that he was
entitled to be discharged. But, semble, it appearing from the affidavits,
though not averred in the complaint, that the debt was fraudulent,
bankrupt would be liable to be rearrested when such privilege ceased.
In re George W. Kimball, 193.
4. A debt created by fraud, in which judgment has been recovered, is
not affected by a discharge in bankruptcy; hence the sheriff will not
be enjoined from an arrest of the bankrupt in an execution issued on
such judgment. In re Charles G. Patterson, 307.
5. A bankrupt arrested and imprisoned before the proceedings in bank-
ruptcy have commenced, cannot be released by the court upon a peti-
tion for a writ of habeas corpus. In re William A. Walker, Petitioner
for a writ of habeas corpus, 318.
6. A United States district court has power to relieve a bankrupt from
arrest, on process of a state court, in an action founded upon a debt
that may be discharged in bankruptcy. The question whether the
debt be one contracted in fraud, may be examined into and determined
by the district court. In re Louis Glaser, 336.
See DISCHARGE (OPPOSITION TO), 10; DISCHARGE (MISCELLANEOUS),
1, 8, 9; PARTNERS, 5, 9, 10; PROOF OF DEBT, 1.
1. Creditors who have not proved their debts have no voice or vote in
choice of an assignee, nor any right to be heard by attorney or otherwise,
in opposition to the proceedings in bankruptcy. In re W. D. Hill, 16.
2. Where no creditors attend on the day fixed for the first meeting, the
register may appoint an assignee under the provisions of section 13.
In re Mortimer C. Cogswell, 62.
3. Where it appears that an assignee has been chosen by the influence
of the bankrupt, the court will feel bound to withhold its approval;
and wherever a register is satisfied that reasons exist why an assignee
chosen or appointed should not be approved by the judge, it is his duty
to state such reasons fully, in submitting the question of such approval
to the judge. In re Augustus A. Bliss, 78.
4. A creditor of a bankrupt holding a claim wholly or partially secured,
may prove the same in bankruptcy, but cannot vote for assignee. In
re Davis & Son, 120.
5. Any attempt of a register to influence the choice of an assignee, is
unauthorized and improper. Proof of a claim may be postponed until
after choice of an assignee. In re J. Ogden Smith, 243.
6. A person who has been of counsel for a bankrupt may be appointed
assignee, it being understood that he cannot occupy the position of
counsel and assignee at the same time. In re Jules Clairmont, 276.
7. Where it is shown that an asignee chosen by the creditors resides out
of the district, the court will not confirm the choice. In re James W.
Havens, 485.
8. A motion on the part of the bankrupt to set aside the appointment of
assignee can only be entertained by the district judge upon notice, and
not by the register. In re Edward S. Stokes, 489.
9. Creditors who have proved a debt against a partner of a firm in bank-
ruptcy, have no right to participate in the election of the assignee for
the company, who must be chosen by the creditors of the company
only. In re Phelps, Culdwell & Co. 525.
10. A meeting to prove debts and choose an assignee, should be organ-
ized at the hour designated in the official notice, and should be kept
open until an assignee is chosen, or it is ascertained that no choice can
be made. Ib.
See PROOF OF DEBT, 8, 17; SCHEDULES, 12.
1. The assignee is required, by section 15 of the bankrupt act, to sell all
the bankrupt's unincumbered estate, real and personal, which comes to
his hands, on such terms as he thinks best for the creditor. General
Order 21 regulates the sales. In re George E. White, & John E.
May, 218.
2. An assignee must make his return under Form No. 35 when requested
to do so by the bankrupt, when in fact he has neither received nor
paid out any moneys, even though he may have reason to believe that
he will thereafter receive money as the proceeds of assets of the estate.
In re William H. Hughes, 225.
3. The right and duties of assignees, and compensation for services,
discussed.
4. An assignee desiring to sell property as perishable, or because the title
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