In re Brisco

Decided July 1, 1869

District of Columbia District Court · decided 1869-07-01

Case No. 1,886. Bankreftcy — Rights op Creditors Who Have Proved their Debts — Nonproving Creditors Entitled to Balance after Paying Debts Proved. 1. A creditor ought not to be heard until he has proved his claim, and he has no right to be heard in any other character than that of a creditor. 2. The trial of all questions relating to the bankrupt’s discharge should be postponed till the hearing of his petition for discharge.

Decided 1869-07-01

¶1The following' decision has been given by

Judge WYLIE,

¶2of Washington:

¶3First. Until a creditor has proved his claim, he ought not to be heard as a creditor, and he has no right to be heard in any other character.

¶4Second. Where a creditor wishes to oppose the discharge of a bankrupt on the ground that he has committed fraud, or done, suffered, or been privy to some act specified in the bankrupt act as a ground for withholding such discharge, the orderly conduct of the business requires that the trial of all such questions should be postponed till the hearing of the petition for discharge.