Year: 1874

JURISDICTION IN BANKRUPTCY CASES.
AN IMPORTANT DECISION BY JUDGE BLATcHFORD-
/ LEGAL AUTHORITY NOT LOST BY THE DEATH OF


A BANKRUPT IN CERTAIN CASES.


In the matter OF +. C. Litchfeld, an inyolun-
tary bankrupt the order OF adjudication entered on
Nov 1879 and he died the 9th OF the month
The warrant not physically" issued TIL Dec "a,
ls73 and creditor objected TO further proceedings in
the matter Iby the United States District Court the
ground that 1t had lost Jurisdiction by the death OF the
bankrupt. The objection was based on the following
language Of Section I2 of the Bankruptcy act: the
debtor dies after the issuing Of the warrant the proceed
ngs may be continued and concluded in IKE manner as
If he had lived" In decision given yesterday. that
the Court Jurisdiction after the death OF the bank
rupt, Judge Blatehford said:


This provision is found among those which relate to
voluntary bankruptcy Section H. which relates 10 VO
untary bankruptcy, provides that the ming d v9un
tary petition shall be held an act OF bankruptcy and e
petitioner shall be adjudcaed bankrupt, ana war
rant shall forthwith be issued. Section a. when reates
TO involuntary bankruptcy, provides that tne court
forthwith issue warrant, and that the proceedings Tor
the taking assgnmen, ana ~ thnSe @ c
fore provided for IN the act In regard to voluntary pe


the debtor dies before the Issuing OF the warrant the
proceedings be continued aud that the warrant
is not Issued within the meaning OF te section OF OF ,ba Et
when 1t s physically issued 1t cannot be considered as
having been issued before 1t was sicay issued sec





ton bankruptcy, either by debtor IN his own behalf,
or by creditor aQanst debtor, upon which an order
shall be adjudieang the debtor bankrupt shall
be deemed aud taken to be the beginning OF proceedings
in bankruptcy under the act In re- Patterson, BeDe-
dict 6OSJ BY Section u, the assignment 10
the assignee, and his title thereunder re-
lates back to the beginning OF the proceedings In BANK
ruptcy In the present case there having been an a
udcation entered before the death OF the bankrupt the
title OF the assignee relates back 10 the time the peoh
was fled and the title the bankrupt then hau 10 MS
property Is absolutely vested in the assignee Unless ne
death OF the bankrupt has had the eject 10 prevent he
vesting of such title the assignee do not tnnA lht
the bankrupt died before the issuing or the warrant ~
sense OF Section a. The warrant Is required 10 pe
Issued forthwith 1t is, in Judgment or law, lssneu
simultaneously with the entry OF the order OF adudc
ton Whenever 1t physically issued II relates Dack,
for the purpose OF Section B TO the entry or the Order
adjudication. The entry Of that order causes tine en-
tire proceedings and the title OF the assignee TO relate
back fling OF the petition, and there Is no ndlc
bankrupt after the entry OF that order shall dissolve al
proceedings if the physical preparation and Issuing
Of the warrant shall happen to be delayed until ai'er
such death Where Section II speaks OF the Issuing ol
the warrant, it contempaes its issue in voluntary
case simultaneously with the entry OF an order OF au-
Indication and the intent exists IN regard 70 an
involuntary case. Section ~ must be READ as II tue
words issuing OF the warrant were entering OF the
order OF adjudication" There Is no difference In the
two forms OF expression.


Anderson IL Man for the creditor, and BroWn Han d
Vanderpoel for the assignee.