IN RE MOUTON

No. 5461.

17 F.Supp. 81 (1936)

In re MOUTON.

District Court, W. D. Louisiana, Opelousas Division.

September 23, 1936.


Attorney(s) appearing for the Case

F. X. Mouton, of Lafayette, La., for debtor.

Dan De Baillon, of Lafayette, La., for Commercial Bank & Trust Co. of Lafayette.

L. L. Perrault, of Opelousas, La., referee in bankruptcy.


DAWKINS, District Judge.

This case presents the question of law as to whether, under section 74 of the Bankruptcy Act, as amended, a debtor can compel a single dissenting creditor, who holds a mortgage to secure its debt, to accept the property upon which that mortgage rests in satisfaction of its claim.

The facts are fully set forth in the opinion and report of the referee on the first hearing, which disclosed that the debtor's estate consisted entirely of...

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