Page:Federal Reporter, 1st Series, Volume 6.djvu/184

 172 FEDERAL REPORTER. �of assenting creditors from' a majority to one-fourth in num- ber and one-third in value. My attention bas not been called to any provisions of thebankrupt act which require proofs of debt to be made within any partioular time while the bankruptcy proceedings are pending. The only penalty upon creditors for neglecting to prove is that they can have no vote in the choiee of an assignee, nor participate in any dividend de- clared before the proof is put in, nor act in the allowance or disallowance of claims of otber parties, nor in the question of the discharge of the bankrupt. Under these circumstances, I am of the opinion that there is nothing in the amendaient of June 22, 1874, either in its expressions or omissions to ex-, press, which shonld be interpreted as taking away the right of creditors to file proofs of claims and assent to the dis- charge at any time up to the day of hearing. �2. The next question is whether the bankrupt, or any per- Bon in his behalf, bas influenoed the action of any of the creditors named in the specifications by any pecuniary con- sideration or obligation. They have, doubtless, been greatly influenced in their conduct by the bankrupt and his attorney. They have been persuaded to surrender securities, and to purchase debts and claims against the estate which ptberwise would not have been proved, in order that they might sign the consent to the bankrupt's discharge. They have been induced to perform these acts; — one, at least, by family con- nections and relationships, and others by their feelings of friendship for the bankrupt. When done from such motives only they are allowable. The law does not find fault with the bankrupt for asking his friends and relatives to aid him in obtaining his discharge, nor does it prohibit them, on such solicitation, from proving honest debts against the estate, Tvhen there is no expectation of a dividend, for the purpose of enabling them to sign the necessary consent thereto. To make such acts unlawful they must be the resuit of pecuniary consideration or obligation. �What evidence is there that any of the creditors have been thus influenced? The nearest to it that I can discover is the case of Eobertson, one of the creditors, who bad proved a ��� �