other creditors through filing objections
to a claim prevent a bona fide claimant from voting. A creditor of an
individual member of a bankrupt partnership cannot vote. Nor can
creditors holding claims that are secured or that have priority vote
only to a limited extent, so far as their claims are on the same basis
as other creditors. To entitle secured and preferred creditors to vote
at the first meeting on the whole of their claims, they must surrender
their securities or priorities. If a portion of a creditor's debt is
secured and a portion is unsecured, he may vote on the unsecured
portion. An attorney, agent, or proxy may represent and vote at
creditors' meetings, first presenting written authority, which must be
filed with the referee. The referee who presides at the first meeting
makes up or decides on its membership. Matters are decided at the
meeting by a majority vote in number and amount of claims of all the
creditors whose claims have been allowed and are present.
The next stage in bankruptcy proceedings is the proving and allowance
of claims. Only such debts are provable as existed at the time of
filing the petition. Every debt which may be recovered either at law
or in equity may be proved in bankruptcy. A claim barred by the
statute of limitations is not provable, nor is a contingent liability.
On the other hand a debt founded on a contract express or implied may
be proved, for example, damages arising from a breach of a contract
prior to the adjudication in bankruptcy. Again, if there are
agreements or covenants in a contract of a continuing character the
bankrupt is still liable on them notwithstanding his discharge in
bankruptcy. If the amount of a claim is unliquidated the act sets
forth the mode of proceeding. Among other claims that may be proved
are judgments, debts founded on an open account, and rents.
The claims of creditors who have received preferences are not allowed
unless they surrender them. Thus money paid on account by an insolvent
debtor must be surrendered before a claim for the balance due on the
account can be proved. If proceedings are begun by the trustee to set
aside a preferential transfer to a creditor who puts in a defense, he
cannot thereafter surrender his preference and prove his claim. If a
creditor in proving his debt fails to mention his security, if he has
any, he will be deemed to have elected to prove his claim as
unsecured.
Claims that have been allowed may be
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