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21 F. Cas. 1265

In re Sherburne

U.S. District Court

Decided July 1, 1868

U.S. District Court · decided 1868-07-01

Upon petition of creditors, the debtor had been adjudged a bankrupt. Motion was made for leave to dismiss proceedings and to settle with the debtor.

Decided 1868-07-01

TREAT, District Judge.

¶1This motion comes too late. After the adjudication all the creditors have a right to jiresent their claims and have the estate of the debtor wound up under the proceedings in bankruptcy. If the parties desire to make a settlement, they may proceed under section 43 of the act, and have the estate wound up by trustees. Motion overruled.

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