In re University Drug Co.

Petition for review of an order made by the referee in bankruptcy on May 22, 1936, denying trustee’s motion to strike and expunge certain claims from the files upon the ground that none of the proofs of claim was filed within the time specified by sections 57n and 74(m) of the Bankruptcy Act, as amended ( 11 U.S.C.A. §§ 93 (n), 202(m).

The debtor copartnership filed a petition under section 74, as amended ( 11 U.S.C.A. § 202 ) for composition or extension, which petition was approved by the court on April 20, 1935, and an order of reference made to the referee for further proceedings. On August 9, 1935, the debtor, through its attorney, consented to an adjudication as a bankrupt, due to its failure to offer terms of composition or extension and have the same confirmed, and on said date an order of adjudication was made by the Referee and a trustee appointed. Thereafter the trustee moved to strike and expunge certain claims upon the ground that they were not filed within the time specified by section 57n and section 74(m) of the Bankruptcy Act. On May 22, 1936, the referee made an order denying the trustee’s motion “on the theory that said claims were filed within the time allowed…