259 F. 316 | E.D. Pa. | 1919
The order certified for review directs the bankrupt to pay over to the trustee the sum of $4,867.75 within 10 days from its date. The order was based upon a petition of the trustee and a rule upon the bankrupt to show cause. The petition, in so far as it relates to the amount in controversy, avers concealment by the bankrupt of an asset of his estate not included in his schedules, consisting of an annual bonus for the years 1915, 1916, and 1917, consisting of a percentage of the net profits of the business of the Standard Jobbing Company, of which he was president. There is no averment that the bonus has ever been received by the bankrupt, but it is averred that he “was to receive” or “was entitled to” it.
It is averred “that at the time of filing of the petition in bankruptcy the said sum of $4,867.75 was still due, owing, and unpaid to the said Abraham Levy.” The answer admits the averments as to bonus, but avers “that the bonus or percentage of the net profits mentioned were not to be taken or received by the said Abraham Levy as the sole or exclusive property of the said Abraham Levy, nor was the said Abraham Levy to receive any beneficial interest therein, but, on the contrary, was to receive the same for and on behalf of Dora Levy, his wife, who was beneficially and equitably entitled thereto, and not otherwise,” and repeats substantially similar statements.
The referee, upon the ground that the answer set forth conclusions in relation to the beneficial interest of the wife and the bankrupt’s trust
“The order now asked to be vacated was made under clause 8 of section 2 of the Bankruptcy Act (Comp. St. § 9586), which empowers the court, in the exercise of the jurisdiction conferred upon it as a court of bankruptcy, to reopen closed estates ‘whenever it appears they were closed before being fully administered.’ The finding upon which the order was predicated was that unadministered assets of the estate had come to light. * * * As the order to reopen is limited to distribution purposes, it in no way affects the bankrupt.
“The prayer of the petition to vacate is denied.”
Under the express terms of Judge Dickinson’s opinion, therefore, the reopening of the case was limited to purposes of administration. Under that limitation, the power of the referee is confined to such procedure as will enable the trustee to collect and distribute unadminis
The exceptions to the order of the referee are sustained, and the order reversed.