132 Mass. 466 | Mass. | 1882
This is a petition under the Gen. Sts. c. 118, § 16, in the nature of an appeal from the decision of the Court of Insolvency granting a discharge to the respondent, and seeks a hearing upon the matters of fact involved in that decision. The statute provides that “the Supreme Judicial Court shall have a general superintendence and jurisdiction of all cases arising under this chapter; and, except when special provision is otherwise made, may, upon the bill, petition, or other proper process, of any party aggrieved, hear and determine the case as a court of equity.” That this statute gives to this court authority to revise the decisions of the Court of Insolvency as to matters of fact, upon a proper case shown, is well settled. Lancaster v. Choate, 5 Allen, 530. But it is only upon the application of some party aggrieved, and upon some matter as to which other provision is not made for a revision of the decision of the Court of Insolvency.
We think other provision is made for this case. The insolvent law provides, Gen. Sts. c. 118, § 75, that, “if it appears to the satisfaction of the judge that the debtor has made a full disclosure and delivery of all his estate as herein required, and that he has in all things conformed himself to the directions and requirements of the laws relating to insolvent debtors,” the judge shall grant the discharge. Various acts of the debtor are specified in the statute, which will prevent the granting of the discharge. Whether a discharge shall be granted, and upon what terms and conditions, and with what limitations, are matters of legislative discretion. It is for the Legislature to determine what facts shall prevent the granting of a discharge, and how those facts shall be verified. It may provide that any creditor shall have a right to be heard upon the question, or that one or more persons
This is so plain that it is not contended that this petition could have been maintained before the St. of 1879, a. 245, which provides that the certificate of discharge shall be conclusive of the fact and regularity of such discharge when pleaded by a debtor. As the effect of this statute is to deprive the creditor of the right of contesting the validity of the discharge after it is granted, it is argued that it must have the effect of giving him a right to apply to this court to set it aside. This was clearly not the intention of the Legislature. The same section gives to a creditor who desires to impeach the discharge on the ground of fraud the right to apply to the court which granted the discharge to annul it, and if, upon hearing, the court finds that the fraudulent acts are proved, and that the creditor had no knowledge of the same until after the granting of the discharge, it shall be annulled ; if not proved, or if the acts were known to the creditor,
The United States bankrupt act contained no provision for any appeal from the decision of the court allowing a discharge, and it was upon that ground that Coit v. Robinson, 19 Wall. 274, was decided. Besides, that statute expressly authorized any creditor to appear and oppose a discharge. U. S. Rev. Sts. § 5111. Decree affirmed.