In re Hammon

Good Law
12 F. Supp. 228·1935 U.S. Dist. LEXIS 1336
United States District Court, Northern District of CaliforniaSeptember 26, 1935No. 10903California537 words

Opinion

Lead Opinion

Sure, J.

This matter is before the court upon an unverified petition for the return to petitioner of'unclaimed composition moneys in a bankruptcy proceeding.

*229 The petition avers that on September 17, 1917, a petition in involuntary bankruptcy was filed against petitioner; that subsequently petitioner filed a schedule of properties and a list of creditors; that in May, 1918, petitioner offered a composition in the sum of $250,000, which was accepted by a majority in number and amount of his creditors; that petitioner also paid into court $7,750 to cover expenses in said matter; that the composition was confirmed by the court and distribution of the composition moneys among the creditors was ordered, which order was obeyed by the referee in December, 1918;- that in December, 1928, a second dividend was distributed, but certain of the creditors “wholly failed to claim the fund so coming to them”; that on May 11, 1933, a third and final dividend was distributed, being all of said moneys remaining and undistributed; that “certain of said creditors further wholly failed” to claim the amount of the dividend; that after a lapse of more than eighteen months, there remained in the hands of the…

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