Case No. 268.

In re ALTENHEIM.

[1 Ben. 431:¹ 1 N. B. R. 85; Bankr. Reg. Supp. 19; 6 Int. Rev. Rec. 117.]

District Court, S. D. New York.

Sept. 25, 1867.

APPEARANCE—PROTEST.

A person named as a creditor in a bankrupt's schedule, but who does not appear in person or by attorney duly constituted, and has not proved any debt, cannot put on file a protest against being named as a creditor.

In bankruptcy. In this case, at the first meeting of creditors, an attorney appeared on behalf of a party named in the bankrupt's schedule as a creditor by virtue of a mortgage on certain real estate of the bankrupt, executed by a former owner thereof, and asked leave to put on file a protest on his part against being named as a creditor. The bankrupt objected, and the register held that, as the party did not appear in person or by attorney duly constituted, and had not

proved any debt, the paper could not be filed.

The question was certified to the Judge, [BLATCHFORD, District Judge,] who sustained the decision of the register.

¹ [Reported by Robert D. Benedict, Esq., and here reprinted by permission.]

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