In re Skoll

D. Minnesota

In re Skoll

22 F. Cas. 304, 9 Chi. Leg. News 377, 16 Nat. Bank. Reg. 175, 1877 U.S. Dist. LEXIS 239

DecidedJuly 21, 1877

StatusPublished

This text of 22 F. Cas. 304 (In re Skoll) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Skoll, 22 F. Cas. 304, 9 Chi. Leg. News 377, 16 Nat. Bank. Reg. 175, 1877 U.S. Dist. LEXIS 239 (mnd 1877).

Pincite

Opinion

NELSON, District Judge.

This assignment is a fraud upon the bankrupt law [of ISO" (14 Stat. 517)], and an act of bankruptcy. Such is the settled doctrine in this district. In re Burt [Case No. 2,210]. Clementson, the assignee, does not occupy the position of a bona fide purchaser. The assignment to him is voidable, and creditors can by bankruptcy proceedings set it aside. If they comply with the 39th section of the bankrupt law of 1S67, as amended, the debtor will be adjudged a bankrupt, and the assignment having been [305]*305made by him when admittedly insolvent, his assignee in bankruptcy may recover the property or the value thereof. The bankrupt law contemplates a distribution of the debt- or’s assets in the federal court and a full administration in that jurisdiction; and provides that transfers or conveyances defeating its operation shall be void. It is manifestly then my duty to protect the right of creditors to have the property thus distributed, and to that end restrain, by injunction, the assignee under the state law, seeking to take the property from the control of the bankrupt court, and compel him to desist from disposing of it before an adjudication in bankruptcy. In that way only can full effect be given to the operation of the bankrupt law. Motion denied.

Free access — add to your briefcase to read the full text and ask questions with AI

NELSON, District Judge.

This assignment is a fraud upon the bankrupt law [of ISO" (14 Stat. 517)], and an act of bankruptcy. Such is the settled doctrine in this district. In re Burt [Case No. 2,210]. Clementson, the assignee, does not occupy the position of a bona fide purchaser. The assignment to him is voidable, and creditors can by bankruptcy proceedings set it aside. If they comply with the 39th section of the bankrupt law of 1S67, as amended, the debtor will be adjudged a bankrupt, and the assignment having been [305]*305made by him when admittedly insolvent, his assignee in bankruptcy may recover the property or the value thereof. The bankrupt law contemplates a distribution of the debt- or’s assets in the federal court and a full administration in that jurisdiction; and provides that transfers or conveyances defeating its operation shall be void. It is manifestly then my duty to protect the right of creditors to have the property thus distributed, and to that end restrain, by injunction, the assignee under the state law, seeking to take the property from the control of the bankrupt court, and compel him to desist from disposing of it before an adjudication in bankruptcy. In that way only can full effect be given to the operation of the bankrupt law. Motion denied.

Cite This Page — Counsel Stack

Bluebook (online)

22 F. Cas. 304, 9 Chi. Leg. News 377, 16 Nat. Bank. Reg. 175, 1877 U.S. Dist. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-skoll-mnd-1877.