Page:Federal Reporter, 1st Series, Volume 5.djvu/733

 IN BE BEAD. 721 �In re Ebad, Bankrupi. {Dtetriet Court, W. D. Tennessee. , 1880.) �1. DiSCHAEGB — EpFBCT OP PbOTDiG A DbBT APTBB THE DaY TO ShOW �Cause. �A debt proved af ter the day appointed to show cause against a dis- charge will not be reckoned in detennining whether the assets be equal to 30 per centum of the claims proved against the estate, nor whether the requisite aasent, in number and value, of creditors has been obtained. A debt se proved cannot be allowed to influence the question of discharge in any way. �Cases cited: Be Borst, 11 N. B. B. 96 ; He Derby, 12 N. B. R. 241; Re AntisM, 18 N. B. R. 290, 298. �In Banktuptcy. �Wm. M. Randolph, for bankrupt. �Humes e Poston, contra. �Hammond, D. J. The petition for discharge having been filed the fourth day of January, 1879, was assigned for the hearing before the register at Trenton, when and where ail creditors were notified by publication, as required by law, to attend and show cause why the discharge should not be granted; the same time and place was appointed for the sec- ond and third meetings of creditors. No debts had at that time been proved, nor did any creditors appear at this meet- ing either to prove their debts or to oppose the discharge. But subsequently, on the ninth of January, 1879, M. L. Meacham & Co. proved their debt and filed it with the regis- ter on the twenty-second of January, 1879. The amount of their debt is $1,512.36, upon which the assignee paid ail the money in bis hands, being the sum of $95. No other cred- itors bave proved their debts. This payment not amounting to 30 per centum of the debt proved, and there being no assent of creditors, the question is whether the bankrupt is entitled to bis discharge. ■ The register certifies the f acts in his final report, and submits the question. �For the bankrupt it is insisted that the debt proved cannot be counted beca,use the proof was made and filed after the day to show cause ; that while it may be true that a crediter may prove at any time before final distribution for the pur- �v.5,no.8 — 46 ����