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therefrom money for taxes and repair3 Where a claim has been uncondi and his personal expenses, the trustee tionally withdrawn, a like claim but is entitled to an order requiring him for a different amount may not be to pay over $270 withdrawn and spent filed after the expiration of the year for his private purpose since the fil upon the theory that it is an amended ing of this petition in bankruptcy. claim. In re. E. O. Thompson's Sons, In re Kurtz, 11 Am. B. R. 129.
10 Am. B. R. 581. Where the act of bankruptcy charg.
In California, an order of a referee ed in an involuntary proceeding is a
allowing a bankrupt shortly before transfer of real estate by the alleged bankruptcy, out of the proceeds of the bankrupt while insolvent to his broth
sale of his grocery business, paid oft er, who is averred to be a creditor,
a mortgage upon the homestead but with intent to prefer him to the other made no payment to the creditors creditors, and the weight of evidence who sold him the goods. In re Wil upon an issue made by a denial of the
scn, 10 Am. B. R. 522. commission of the act of bankruptcy
Tha' the new grounds for refusing charge: is decidedly with the bankrupt the testimony in support of the a discharge, added to section 14b by averment that the brother cas a credi- the Amendatory Act of 1903, are not tor being insufficient and it not ap. available as grounds for denying a
proceedings instituted pearing that the consideration paid discharge in was not the full value of the property, prior to taking effect of said an endnor a mere device to give the trans. ment, see In re Dauchy, 10 Am. B. action a proper appearance, a finding R. 527, where it is held that ir al! of the refree that the brother was a bankruptcy cases prior to February creditor and the transfer preferentian 5, 1903, a transfer of realestate by a must be reversed, with costs against deed absolute, made without considerthe petitioning creditors. In re Fos- ation and not limited by an
agreeter, 11 Am. B. R. 131.
ment retaining some interest in the Where money due and owing to the grantor, there was as to such properbankrupt at the time of filing his pe. ty, no concealment by the grantor tition is thereafter received by him while a bankrupt, from his trustee, of and honestly applied to the payment property belongs to the estate. of a debt, he is not guilty, under sec.
Where a solvent debtor delivers to tion 295, of knowingly and fraudulent a creditor his post dated check for ly concealing, while a bankrupt, prop. the balance of account due and a fur: erty of h's estate in bankruptcy, even ther indebtedness is contracted, the through the result of such payment rayment of the check on the day of is to advantage a creditor. United its date through the bank while the S attes v. Lowenstein, 11 Am. B. R. debtor is insolvent cannot be consid 134.
ered as extinguishing a wholly inde. Where a composition is effected, a pendant debt. but as a partial pay bankri may be heard to object to ment upon the entir indebtedness the allowance of a claim offered for and it constitutes a preference which proof after the expiration of the year. must be surrindered before the cred. although he in good faith omitted it itor can participate in a distribution from his schedules. In re Lane, 11 of the debtor's estate in bankruptcy Am. B. R. 136.
In re Lyon, 10 Am. B. R. 25.
N. D. Elliott, Printer, Salem, Or.