Page:Federal Reporter, 1st Series, Volume 9.djvu/163

148 fedekaij bepobteb. �"At any time after the expiration of six montBs from the adjudication of bankniptcj', or if no debts iiave been proved against the bankrupt, or if no assets have corne into the hands of the.assignee at any time after the expiration of 60 days, and before the final disposition of thecaiise, the bankrupt may apply to the court for a discharge from his debts. This section shall apply in all cases heretofore or hereafter commenced." �If there had been an order of the district court made, as contem- plated by that of the sixth of September, 1880, finally closing the case, before the application was made by the bankrupt for a discharge on the fifteenth of December, there could have been no doubt that it would have been too late; but, in fact, no action was taken by the court, finally closing the case, until after the application for a dis- charge was made to the clerk of the court. �On, the third of January, 1881, the bankrupt called the attention of the court to the fact that he had made his application on the fif- teenth of December, 1880, He ought not to be prejudiced by the refusai of the clerk then to receive and file the petition for a discharge. At that time, the case had not been finally disposed of, and it was hot until the third of January, 1881. I adhere to the ruling made in the case of In re Forsyth, Chi. Leg. News, Dec. 11, 1880, "that in order to deprive the .bankrupt of the right to make his application for a dis- charge there should be some action of the court to the effect that the case had been finally disposed of." So that, I think, the true con- struction of the order of the district court of the sixth of September, 1880, when considered in connection with the act of congress upon this subject, already referred to, must be that, until the final disposi- tion of the cause by some action of the court, the effect of which is to show such disposition, the bankrupt bas a right to present his application for a discharge, because the statute gives him that right, and if there is no other reason than such as appears in this case his discharge ought to be granted. �The order of the district court, therefore, will be reversed, and that court directed to proceed and grant the discharge, unless some other reason ia found to exist than that stated in the order here sought to be reviewed. ��� �