Page:Federal Reporter, 1st Series, Volume 2.djvu/566

 m BB ZOWNSEKD. 659 �In re Townsend. {DifMet Oowt, 1). Ddaware., 1880.) �BANKBtTPTOT — DiSCHARGE— SECTIONS 9 AND 21, AOT OF CONGHB88, Jum �22, 1874, coNSTBTTED. — Constructions given to sections 9 and 21 of the act of congress of June 22, 1874. This act efCects a total repeal of the provisions in section 5112, in the Revised Btatutes of 1874 and 1878, ■which proviso is in these words : "But this provision shall not apply to those debts from which the bankrupt seeks a mscharge which were con- tracted prior to the flrst day of January, eighteen hundred and sixty- nine." �Bamb—Samb — Absence of Assets— Creditoeb Consbnting to Dis- charge. — As the law now stands, only those creditors who have proven their claims can have them counted in the formation of the complete liability of the bankrupt to which the new law of one-third in value and one-fourthin number is applicable ; but ail creditors, no matter when their debts were contracted, can give or withhold assent to discharge of bankrupt, if he has not the requisite amount of assets, i. e., one-third in value, and one-fourth in number of the creditors who have proved their claims. �Samb—Samb — BooKs of Banketipt— Ob8C0Eitie8in. — Booksare required of the bankrupt which are reasonably explanatory of the business con- ducted, and kept obviously with the intent of affording information as to that business. It is no reason to refuse a discharge to a bankrupt because thereare obscurities which need explanation, when those obscur- ities are explained, and there is no evidence of fraud or deceit in the entries. �Bamb — Samb — Amendment of BcEHiDUiiBS. — When there Is no reason to withhold a discharge on the ground of fraud against the bankrupt laws, the court will order formai amendments made to the schedules which were omitted by the bankrupt through ignorance and mistake, and the case continued, in order that such proper retums may be made ; and, upon compliance with the orders of the court, an application for discharge may be made at some future time. �In Bankruptcy. �Bradfoed, D. J. Application for discharge of the hank- rupt. The question -which meets us at the threshold of the case is, the bankrupt having no assets, has he produced tho ■written assent, filed in this court, of a sufficient number and value of his creditors to entitle him to his discharge, notwith- standing the absence of aU assets? ����