In re Seckendorf

21 F. Cas. 957, 2 Ben. 462
District Court, S.D. New York·Decided June 15, 1868·Published

Opinion

BLATCHFORD, District Judge.

The adjournment without day, on the 20th of April, of the proceedings under the petition for discharge, terminated those proceedings, so far as any action under the order to show cause against the petition was concerned. The petition for discharge remains good, but nothing can be done under it, unless a new order to show cause is issued. The creditor who filed the objections to the discharge was not called upon to file them when he did, but they may stand as properly filed under the petition for discharge. All the creditors who shall have proved their debts will have a new day for filing objection, under the new order to- show cause. The time to examine witnesses has not expired, and the time to file objections to the discharge should be kept open by adjourning any day which may be fixed for showing cause against a discharge, until a full, reasonable opportunity is afforded for the examination of the bankrupt and his wife, and other witnesses, if such examination is desired.

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In re Seckendorf, 21 F. Cas. 957, 2 Ben. 462 (S.D.N.Y. 1868).

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