Utah Department of Administrative Services

Division of Archives & Records Service

Series 6007

District Court (Third District) Bankruptcy proceedings abstract book

Dates: i 1876-1878.

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These records are housed in the Utah State Archives' permanent storage room.

Historical Note

An agency history is available.

Scope and Content

This book records the various actions taken in bankruptcy cases by the Register in Bankruptcy, E.T. Sprague. The cases deal with bankrupts residing in the numerous counties of the third district. The cases begin 19 January 1876 and end 30 August 1878. Sprague was appointed Register in Bankruptcy by the court in January 1876 following the resignation of the former Register, James Beatty. Under federal bankruptcy laws, a Register in Bankruptcy for the court could be appointed by the judge to assist in examining the case and keeping records.

Each case notes the parties involved, whether voluntary or involuntary bankruptcy, and the dates various actions were taken by Sprague in the case. The actions include the filing of bankruptcy petitions and schedules, the issuing of orders calling a meeting of creditors, proofs of debts filed, minutes of hearings before the Register, report of findings to the court, discharge of assignee, filing of papers with the court clerk, etc. The most detail is provided under proofs of debt in which the name of the creditor and the amount involved is listed for each debt. Minutes of hearings before the Register are brief, but do detail the choice of the assignee by the creditors and the creditors' decisions regarding the division of the bankrupt's property.

A copy of the 1876 federal house resolution requiring incomplete cases dating before 22 June 1874 to be turned over to the district courts by the supreme court is glued into the front of the book.

In 1878 the bankruptcy law was repealed. Although cases could be completed under the terms of the old law, no new petitions could be filed after 1 September. Thus notations in cases in this book go up to 1880, but the last new case was entered on 30 August 1878.

Arrangement

Chronological by the initial date of action in a case.

Related Records

Bankruptcy register from the District Court (Third District), Series 3223, contains similar dates of actions in these and other bankruptcy cases as kept by the court clerk.

Bankruptcy case minute book from the District Court (Third District), Series 3814, contains copies of some of these same abstracts of proceedings as well as the minutes of court hearings in bankruptcy cases.

Access Restrictions

This series is classified as Public.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Gaps in Series

The location of any abstract book kept by James Beatty or other register under the Third District Court from 1874-1876 is unknown.

Indexing Terms

  • Sprague, E.T.—1876-1878—Career in bankruptcy
  • Bankruptcy—Utah.
  • Assignments for benefit of creditors—Utah.

Container List

REEL DESCRIPTION
1 1876 - 1878