In re Beechwood
| Decision Date | 20 December 1940 |
| Parties | In re BEECHWOOD. |
| Court | U.S. District Court — District of New Jersey |
Osborne, Cornish & Scheck, of Newark, N. J., for petitioning creditor.
Bertram K. Wolfe, of Philadelphia, Pa., and James Mercer Davis, of Camden, N. J., for alleged bankrupt.
On November 22, 1940, an involuntary petition in bankruptcy was filed against the above-named alleged bankrupt, and the American Surety Company of New York is the sole petitioning creditor. On November 29, 1940, a rule was issued directing the American Surety Company of New York to show cause why the involuntary petition in bankruptcy should not be dismissed. This rule was based upon a petition of the bankrupt, and the controversy is presently confined to the objections that the petition for involuntary bankruptcy is defective in that it does not allege a claim "fixed as to liability" and "liquidated as to amount" as is required by Section 59, sub. b of the Bankruptcy Act of 1938, 11 U.S.C. A. § 95, sub. b.
The relevant parts of the petition for involuntary bankruptcy allege: John Jacob Beechwood was employed in one of the claim departments of Fidelity and Casualty Company of New York. The petitioner executed on December 31, 1929, a bond covering the employer of Beechwood "against loss arising from unlawful acts of its employees". The petitioner is a "creditor of said John Jacob Beechwood, the alleged bankrupt, having a provable claim against him, fixed as to liability and liquidated as to amount, in excess of the sum of $500.00" for the following particularly described reasons: .
Counsel agree and it is the law that a ...
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In re Silver
...Heggie v. Inter-State Produce Co., 205 Ill.App. 270. The court, in determining whether a claim of a debtor was liquidated in In re Beechwood, D.C., 36 F.Supp. 140, said at page "A tortious quality, indeed, enters into the nature of the claim, because it arises out of the alleged conversion ......
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In re Walton Plywood, 50795.
...conversion of the proceeds thereof in a fixed amount was sufficiently fixed as to liability and liquidated as to amount. In re Beechwood, 36 F.Supp. 140 (D.N.J.1940). On the other hand, it has been held that other claims, e. g., an unadjudicated claim of a discharged accountant for the valu......
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...* * *" creditors have in substance alleged claims liquidated as to amount and not contingent as to liability. In re Beechwood, D.C.N.J.1940, 36 F.Supp. 140, 142. An appropriate order granting intervention and denying the Motion to Dismiss will be entered. 1 Mr. Levy has long since been auth......
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...the difference between the value thereof and the amount due exceeded $500.00. It is our thought that the opinion in In re Beechwood, D.C.N.J.1940, 36 F. Supp. 140 contains an extremely clear discussion on the sufficiency of the allegations as to claims of petitioning creditors in involuntar......