241 F. 385 | E.D. Pa. | 1917
(specially presiding). This is a petition by J. Blumenthal, a creditor of Aaron Goldman and Frank Goldman, trading as Goldman Brothers, bankrupts, for the review of an order made by the referee December 21, 1916, purporting to authorize the trustee in bankruptcy to compromise a certain claim of $3,092.20 due to him from thp bankrupts, and also a certain claim of $40 due to him from the above named Aaron Goldman, by the payment to the trustee of the sum of $1,500 in full settlement of the two claims above mentioned. The portion of the referee’s order of December 21, 1916, relative to a compromise of the claims is as follows:
“It is further ordered and decreed that William D. Moise, trustee of the estate of Aaron Goldman and Frank Goldman, individually and as co-partners trading as Goldman Brothers, bankrupts, be and he hereby is authorized and empowered to settle and compromise for the sum of fifteen hundred dollars, payable on or before December 15, 1916, the orders now pending by him against the said Aaron Goldman and Frank Goldman, individually and as co-partners trading as Goldman Brothers, bankrupts, in the sum of $3,092.20, and the order against the said Aaron Goldman in the sum of '$40.00, both of which orders were entered by the District Court of the United States for the Eastern District of Pennsylvania, on July 1st, 1916, and upon the payment of the said sum of $1,500 on or before December 15th, 1916, to make, execute and deliver to the said Aaron Goldman and Frank Goldman, individually and as co-partners trading as Goldman Brothers, all orders, releases and other papers necessary for the proper consummation of the said settlement.”
In the petition for review Blumenthal alleges error in the above order of the referee on the following grounds only:
“1. The learned referee erred in granting said petition and making said order in that the testimony adduced at the various meetings held in these proceedings clearly established the fact that the bankrupts had been guilty of numerous flagrant and fraudulent acts, all of which same were-perpetrated with the view and purpose of defrauding their creditors.
“2. The original order of the referee as confirmed by the United States District Court for the payment by the above-named bankrupts to the trustee of the sum of three thousand dollars ($3,000) was just, proper, legal, in strict accord with the testimony adduced, and in no manner a hardship upon the bankrupts.
“3. The aforesaid order as made by the referee and confirmed by the United States District Court was in no manner unfair to the bankrupts; and your petitioner is of opinion that said bankrupts were able at the time of the making of said order and are able at this date to comply with the terms thereof.
“4. Your petitioner is of opinion and believes that the above-named bankrupts can comply in full with the terms and conditions of the order as originally made, and that a compromise of said order for one-half of that amount merely serves to deprive the estate and the creditors thereof of the sum of fifteen hundred dollars ($1,500) to which they are justly and legally entitled, and which the bankrupts should justly and legally pay.”
It appears from the certificate of the referee that the trustee filed a petition setting forth that an order was entered July 1, 1916, directing the bankrupts to pay to the trustee the two sums of $3,092.20 and $40, found to be property belonging to the bankrupt estate, and concealed by the bankrupts; that he, the trustee, was unable to prove the possession or control by the bankrupts of said moneys; that the bankrupts had failed to comply with said order, and that it would be necessary for him to make such proof in order to have the bank
■ “When a bankrupt, creditor, trustee, or other person slmll desire a review by the judge of any order made by the referee, he shall file with the referee his petition therefor, setting out the error complained of; and the referee shall forthwith certify to the judge the question presented, a summary of the evidence relating thereto, and the finding and order of the referee thereon.”
The petition for review is dismissed and the order to which it relates is hereby approved and confirmed.