In re Weissbaum

Alan C. Van Fleet, as executor for a creditor, has filed a motion to dismiss the debtor’s petition. Also motion to set aside order of reference to referee, also an answer to the ■debtor’s petition, in which he sets forth his ¡status as a creditor on two judgments for rent •oil property leased to the debtor. The answer denies that the debtor “is unable to meet his debts as they mature.” Such denial presents ■¡the only material matter. It is the condition -of a debtor requiring a general extension to ■enable him to treat all his creditors with ■equality that this new provision is aimed to relieve. The determination as to whether or not such a condition exists is not a matter to ibe heard on affidavits, or from the pleadings alone. Section 74e of the act (11 USCA § 202 (e) states: “Any creditor may appear •at or before the first meeting [of creditors] and controvert the facts alleged in the petition. In such case the court shall determine as soon as may be the issues presented, without the intervention of a jury, and unless the material allegations are sustained by the proofs shall dismiss the petition.”

The debtor’s petition here sets forth all requisite jurisdictional facts and is…