¶1I fully concur in these general views of the register. A creditor who has proved his debt may file at any time the specification in writing of the grounds of his opposition to the discharge of the bankrupt, referred to in section 31 of the act. Itule 24 of the “general orders in bankruptcy” is enabling, and not prohibitory. A creditor who does not file his specification by the time specified in rule 24 will lose his opportunity of doing so. But he has a right to file such specification at any time after he has proved his debt, and before the expiration of the time limited by rule 24. The filing of such specification is not, however, a necessary prerequisite to the making of an order, under section 26 of the act, that the bankrupt or other persons attend and be examined as to the matters specified in that section. Such order may be made, and such examinations may be had, on the application of the assignee, or of any creditor who has proved his debt, or on the suggestion of the register himself, and without any application, and without the previous filing of any specification under section 31 of the act. The bankrupt and all other persons are subject to examination at all times, at the instance of the assignee or of any creditor who has proved his debt, or of the court, or of the register, in regard to any of the matters specified in section 26.
2 F. Cas. 1042
In re Baum
U.S. District Court
Decided July 15, 1867
U.S. District Court · decided 1867-07-15
<p>Case No. 1,116.</p> <p>Practice — Time to File Specifications of Opposition—Examination of Bankrupt.</p> <p>1. A creditor who has proved his claim may, at any time thereafter, and before the expiration of the time limited by rule 24 of the general orders in bankruptcy, file specifications of the grounds of his opposition to a bankrupt's discharge.</p> <p>2. That rule is enabling and not prohibitory.</p> <p>8. The filing of such specifications is not a necessary prerequisite to the making of an order, under section 2G of the bankruptcy act, [of March 2, 1SG7; 14 Stat. 529,] for ti>e examination of the bankrupt, or of other persons.</p>
Decided 1867-07-15