CLAIMS REJECTED

Dominion, Volume 21, Issue 16, 13 October 1927, Page 8

CLAIMS REJECTED

SEQUEL TO BANKRUPTCY

PROCEEDINGS

In a recent bankruptcy case against Abraham Spiro, a caterer, Eda Spiro (a daughter of bankrupt) claimed £73, wages and loans of money alleged to be due to her. These proofs were rejected by the Official Assignee (Mr. S. Lansley) . When the case came before the Supreme Court, Mr. D. Perry moved that an order bo made reversing the rejection of the proofs. Mr. C. A. L. Treadwell (who appeared for the Official Assignee) urged that the rejections should stand. The proof of debt was lodged on March '3B, 1927, and on March 30 Miss Spiro handed over receipts signed by her father dated 1923 and 1921. In a reserved judgment delivered by Mr. Justice MacGregor, it was stated that oti inquiry’ it clearly appeared that all the receipts were prepared and signed by the bankrupt himself after his bankruptcy in February, 1927. In other words, a more or less doubtful proof was advanced against the estate. The creditor was required to produce some satisfactory evidence that the proof was founded on a real debt. In place of this evidence being satisfactory, it proved to be manufactured by the bank-

nipt, and, in fact, bogus. In His Honour's opinion the Official Assignee was justified in rejecting such a claim. In connection with a cash-book examined alter the hearing, His Honour said: “It appears that this alleged, cashbook was not entered up from day to day nor was it in any real sense a contemporary record at all. Like the receipts, the entries relating to advances alleged to have been made in 1923 and 1921 were actually made in 1927, and were then recorded also, in contemplation of, and no douljt in preparation for, the impending bankruptcy of the debtor.” A claim bv Joseph Spiro (son of Spiro), which had also been rejected bv Mr. Tansley, was adjourned for a fortnight.