BANKRUPTCY-VOLUNTARY PETITION BY INCOMPETENT ON COURT ORDER

Authors

Abstract

A state court adjudged B to be insane, committed him to an asylum, appointed G as guardian of his estate, and later authorized G to file a voluntary petition in bankruptcy on behalf of B. Such a petition was filed by G, the schedule of liabilities showing debts contracted before B was adjudicated insane. The federal district court adjudicated B a bankrupt and appointed a trustee in bankruptcy, who sued C to recover an alleged preference paid to C by B. C then sought to set aside the adjudication of bankruptcy on the ground that an insane person could not become a voluntary bankrupt. Held: that where the petition was authorized by the court having custody of the incompetent, an adjudication of bankruptcy was proper. In re Clinton, 41 F.(2d) 749.

Recommended Citation

BANKRUPTCY-VOLUNTARY PETITION BY INCOMPETENT ON COURT ORDER, 29 Mich. L. Rev. 243 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss2/12