In re White

The bankrupt regularly made application for his discharge. The trustee appeared and filed specifications in opposition thereto. The matter was then referred to the referee to hear and report on the objections. He has reported, recommending that the objections be sustained and the discharge denied. Before the referee, and at all proper times, the bankrupt has claimed that the specifications should not be considered, for the reason that the trustee was never authorized, at a meeting of creditors called for that purpose, to interpose objections to his discharge. The facts as gathered from the referee’s report are as follows:

On April 27, 1915, the referee sent out the following:

It does not appear that any creditors attended in response to this notice, the referee’s report reciting only as follows:

[1, 2] The trustee was not authorized by the creditors to oppose the discharge, but was authorized by order of the referee only. The power to authorize an opposition to a discharge is not lodged with the referee, but with the creditors — -“the parties in interest.” The language of the statute (Act July 1, 1898, c. 541, § 14b, 30 Stat. 550 , as amended by Act June 25, 1910, c. 412, § 6,…