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IN RE VANCOUVER BOOK & STATIONERY CO.

No. 12986.

46 F.Supp. 799 (1941)

In re VANCOUVER BOOK & STATIONERY CO., Inc.

District Court, W. D. Washington, Southern Division.

January 9, 1941.

Attorney(s) appearing for the Case

Layton & Boyrie and N. Ray Alber, all of Portland, Or., and Wayne W. Keyes, of Tacoma, Wash., for petitioning creditors.

Reuben G. Lenske, of Portland, Or., and Fred W. Tempes, of Vancouver, Wash., for alleged bankrupt.

BOWEN, District Judge.

It was long ago held that the surrender of the preference necessary to qualify a petitioning creditor could not properly be made to the debtor, In re Currier, Fed. Cas.No.3492. Stated in another way, such surrender can be properly made only to or for the trustee for the creditors, Gilbert's Collier on Bankruptcy, 4th Ed., page 780, § 1058. In all respects concerning preferences and requiring surrender of them, the court under the bankruptcy...

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