In re Basha

S.D. New York

In re Basha

193 F. 151, 1912 U.S. Dist. LEXIS 1772

District Court, S.D. New York·Decided January 15, 1912·No. No. 12,588·Published

Opinion

HOUGH, District Judge

(after stating the facts as above). This is a hard case on the claimant; but the requirement of the statute is [153] imperative, and when one wishes to amend a claim there must be some claim to amend. What is sought to be here held as a claim is nothing done or intended to be done by the claimant. If the affidavit is a claim, so is a schedule. Yet that a scheduled creditor has no proven claim or any claim by virtue of schedules is elementary.

Decision affirmed for lack of power.

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HOUGH, District Judge

(after stating the facts as above). This is a hard case on the claimant; but the requirement of the statute is [153] imperative, and when one wishes to amend a claim there must be some claim to amend. What is sought to be here held as a claim is nothing done or intended to be done by the claimant. If the affidavit is a claim, so is a schedule. Yet that a scheduled creditor has no proven claim or any claim by virtue of schedules is elementary.

Decision affirmed for lack of power.

In re Basha, 193 F. 151, 1912 U.S. Dist. LEXIS 1772 (S.D.N.Y. 1912).

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