The New York herald., 1868-06-09
NEW YORK CITY.
The COuRTS.
UNITED STATES DISTRICT couaT-in BANKRUPTCY.

Question to Time for Filing Objections to
a Bankrupt's Discharge and Examination of
Witnesses.
In the Matter or Isaac SeckendorE-This case
has been before Register Ketchum, and was certified
by hun TO Judge Blatchford. The facts are as
sollows:-The petition was filed November 21
1S67, and the first meeting Of creditors was
held on return Of the warrant, January So
1s6S, when this creditor made proof of his claim On
the Sd OF March order was made, on application OF
the creditors attorney for examination of the bank
rupt and his wife, and the respective attorneys at
tended from time to time and by consent adjourned
without examination seven days in March, eight days
In April and fve days in May, the last the 10th OF
May, when the bankrupt not appearing, nor his wife,
adjournment was made by the Register TO the Goth
Of May On the 18th OF March the bankrupt obtained
order to show cause &C., returnable the Goth of April
On the 18th OF May this ere lior filed notice OF ap-
qearance In opposition the bankrupt's attorney De.
ing present and saying that ne did not object Dut
gave no consent thereto. and both attorneys then
@ a May TO e @ the d d ae s re rq ea
his objections to the bankrupt's discharge. on the
26th OF May the bankrups present ATTORNEY hrsa
lection in writing to the examination of the bank
rupt and his wife-frst because the time to examine
witnesses had expired the bankrupt having applied
for his discharge; second, that the time allowed to
file objections OF the creditor had expired. The
bankrupt has not attended or taken the oath under
the twenty ninth section, nor has the assignee made
return to assets, have any proofs OF publica-
tion Of notice to show cause, &C., been fled. No
ting done by the bankrupt on the Goth of April
required then for his discharge and proceedings
were then after filing notice of appearance in oppo-
e0n by another creditor adjourned without day. on
the above facts the Register states that he is OF opinion
that the adjournments mentioned kept open the time
for appearance In opposition and for filing objections
and for making the examinations before ordered.
Upon the whole question, "a embraced in the above,
Judge Blatchford decides as follows :-''The ADJOURN
ment without day, on the 10th OF April OF the pro-
ceedings under the petition for discharge, terminated
these proceedings so far as any action under the
der to show cause against the petition was con-
cerned. The petiCon for discharge remains good,
but nothing can be done under 1t unless q order
to show cause is issued. The creditor who filed the
objections to the discharge not called upon to
file them when he did, but they may stand as prop
erly filed under the petition for discharge. All the
creditors who shall have proved their debts will have
new day for filing their objections under the
order to show cause Tie time to examine witnesses
has not expired, and the time to e objections to the
discharge should be kept open by adournng any day
which may be fixed for showing cause against dis
charge until full reasonable opportunity is afforded
for the examination of the bankrupt and his wife
and other witnesses, If such examination is desired"