The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1867-10-30
Decisions in bankruptcy.


In the case of FL. l.. Briscoe the following
decision has been given by Judge Wylie, of
Washington
First.-UntIl creditor has proved his
claim he ought not to be heard as a creditor
and be has no night to be heard in any other
character.
Second.-Where creditor wishes to op-
pose the discharge of the bankrupt on the
ground that he has committed fraud, or
done, suffered, or been privy to some act
specified in the bankrupt act as ground
for Withholding such discharge, the orderly
conduct of the business requires that the
trial of all such questions should be post
poned till the hearing OF the petition for
discharge.
In the case of B. F. James: Third
When bankrupt has obtained his final dis
charge, and balance of his deposit for fees
in the hands of the Register has been paid
over to the assignee, the balance in such case
should be distributed among the creditors
who have been returned by the applicant
himself, in proportion to the amount of
their several claims. If only one creditor
has proved his claim, he would have been
entitled to full payment if the fund had been
buAuCiCut. uc QucctI0u Is HOl, JlcItlOTS, d
question between different creditors contest
ing over the distribution of fund which is
inadequate to the payment of all, but it is
question whether the money shall be return
ed to the bankrupt himself, after he has re-
turned a list of creditors to whom he has
acknowledged on record that it should he
paid. In such case tile money should be
distributed amongst the creditors, although
they have failed to make proof of their
claims.
On question arising in the case of David
Haynes: Fourth-Where at the first meet
ing of the creditors of the bankrupt a sin
gle creditor appears and proves his debts,
and where assets have come to the hands of
the assignees, and no other debts are proven,
in such case the right to choose the assignee
belongs to the sole creditor who has proved
his claim: and in the distribution of the as
sighed estate he is entitled to be paid in full
If there be enough for that purpose; if
there be not enough, be takes the whole
Buff there be more than enough to pay his
claims, then. rather than the balance should
be returned to the bankrupt, it should be
distributed pro rata among the creditors who
have failed to make proof of their claims,
but whose claims have been acknowledged
to be valid by the applicant himself.
The above decisions were given in answer
to questions submitted by ]. Sayles Brown,
register in bankruptcy ~
LOOK TO YOUR INTEREsT.-All persons
who desire the benefit of the Bankrupt
act" passed by Congress, would do well to
remember, that the said act went into opera
ton on the 1st day Of june 1867-and if
they do not apply within one gear from that
time, they cannot take the benefit Of the act
successfully without their assets pay.tSJty per
centum of the claims against their estates,
unless the assent in writing Of a majority in
number and value of their creditors who
nave proved their claims, is filed in their
cases at or before the time of application
lor discharge. BY delay, therefore, many
VIII be unable to become bankrupts.