In re Longest
In re Longest
Opinion of the Court
The act imposes no limitation whatever upon the proof of debt by a creditor. It is the rule, settled in this district and generally recognized, that a creditor, whose debt is not proved, has no standing in court, and so cannot be heard to object to the discharge of a bankrupt. But, as he has the right to prove at any time, it was held at an early day, and- the practice
But why admit objections generally, and refuse to hear that founded on the failure of assets? Simply because the report .of conformity in that particular has been filed. The report is doubtless correct, and correct for the reason that, when the register makes his examination, he finds no proof of debt on his files.
If it is not intended to punish the creditor for his laches in filing and proving his claim, it is a harsh rule that would allow him to file his claim, and then deny him the fruits o'f that filing. Besides, it is difficult to discover any reason for allowing objections to be made in one instance and not in the other. The creditor is not under disability by the terms of the law, and is in time, 1 think, at any moment before the hearing. The bankrupt is not entitled to his discharge.
Reference
- Full Case Name
- In re LONGEST
- Status
- Published