IN RE BALLARD

No. 61087.

10 F.Supp. 549 (1935)

In re BALLARD.

District Court, S. D. New York.

February 28, 1935.


Attorney(s) appearing for the Case

Harold S. Van Schaack, of Coxsackie, N. Y., conciliation commissioner.

Charles A. Ballard, pro se.


BONDY, District Judge.

The petitioner apparently is laboring under a misapprehension of the law. The Bankruptcy Act, § 75, as amended, 11 USCA § 203, requires the consent of only the creditors whose claims have been filed and allowed to the acceptance of a composition or extension. Only two creditors have filed claims. It does not appear that the petitioner is unable to obtain their consents.

Moreover, it is clear that under the language of the Frazier...

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