192 F. 939 | D.N.J. | 1911
Claimant was an employe of the bankrupt, under contract which had a number of months to run at the time of the filing of the involuntary petition. He was paid his salary
“Debts which may be proved — (a) Debts of the bankrupt which may be proved and allowed against his estate which are: (1) a fixed liability, as evidenced by a judgment or an instrument in writing, absolutely owing at the time of the filing of the petition against him, whether then payable or not, with any interest thereon which would have been recoverable at that date or with a rebate of interest upon such as were not then payable and did'not bear interest; * * * (4) founded upon an open account or upon a contract express or implied, (b) Unliquidated claims against the bankrupt, may, pursuant to application to the court, be liquidated in such manner as it'shall direct, and may thereafter be proved and allowed against his estate.”
“Paragraph %’ 'however, adds nothing to the class of debts which might be proved under paragraph ‘a.’ ⅜ * ⅞ Its purpose is to permit an un-liquidated claim coming under the i>rovisions of section 63a to be liquidated as the court should direct.” Dunbar v. Dunbar, 190 U. S. 340, 350, 23 Sup. Ct. 757, 47 L. Ed. 1084, 10 Am. Bankr. Rep. 139.
The contract relied' upon at the filing of the petition was executory, and no breach had been committed by the bankrupt. No debt’ was owing by it at such time. The breach was the result of the operation of the bankruptcy act; and, though the causes permitting the intervention of such act are chargeable to the bankrupt, they cannot be said to be anticipatdry breaches, so as to admit of the proving of claims not then accrued.
The referee’s disallowance of this claim is affirmed: