183 Mass. 401 | Mass. | 1903
This is a suit in equity brought by a trustee in bankruptcy to recover property claimed as belonging to a bankrupt’s estate.
The estate can be reopened only when it appears that it was closed before being fully administered, that is, closed under a mistake of fact. The reopening of an estate is an adjudication that the closing of it was an error which ought to be corrected, and when it is reopened, it is for the purpose of having further administration of it. This further administration naturally in
The defendant also contends that the referee bad no jurisdiction to entertain the petition, and that it should have been heard before the judge of the district court. Even if this question is open here we are of opinion that this contention is not well founded. The case was originally referred to a referee. Although he had made an order closing the estate, and had returned his complete record to the court, we are of opinion that when a petition was presented averring the entry of the order upon an erroneous finding that the estate had been fully administered, and asking that the estate be reopened, the referee had jurisdiction of the petition. The twelfth of the general orders in bankruptcy
Case to stand for trial.
The general order referred to is as follows:
“ XII. Duties of Referee. 1. The order referring a case to a referee shall name a day upon which the bankrupt shall attend before the referee ; and from that day the bankrupt shall be subject to the orders of the court in all matters relating to his bankruptcy, and may receive from the referee a protection against arrest, to continue until the final adjudication on-his application for a discharge, unless suspended or vacated by order of the court. A copy of the order shall forthwith be sent by mail to the referee,