Utah Department of Administrative Services

Division of Archives & Records Service

Series 3814

District Court (Third District) Bankruptcy case minute book

Dates: i 1874-1888.

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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 minute book documents the daily proceedings of the Third District Court in hearings conducted under federal bankruptcy laws enacted in 1867 and amended in 1874. Until 1874, cases were heard by the supreme court as a whole; after 1874, cases were heard by a supreme court judge presiding over a territorial district court wherein the bankrupt resided. The third district included numerous counties during the territorial years. A typical case will span multiple dates and several different cases may be heard on the same date. The actions taken in a case during the day are summarized; the entries in the volume do not constitute a full transcript of a case.

Under federal law, either an individual (including a business) or his creditors could apply for bankruptcy in the district where the alleged bankrupt resided. A Register in Bankruptcy for the court was appointed by the judge to assist in examining the case and keeping records. Many entries simply note the judge's order to appear before the Register. A copy of the petition for bankruptcy along with a property inventory was filed with the Register; although the filing is noted in these minutes, a copy is not included.

The bankrupt's name and the date is included for each entry. Standard entries in a case include the adjudication of bankruptcy; orders to publish notice to creditors; orders to sell property which may specify the type of real or personal property being sold; election of an assignee, by the creditors with the approval of the judge, to coordinate collection and distribution of property or the money from its sale; schedules of distribution showing amounts agreed to by each of the named creditors; etc. Allowances to be paid to the bankrupt by the assignee or exemptions of property may also be noted. A final discharge of the case is also included.

The book also includes some "Abstracts of Proceedings" documenting the various activities in an individual case. Like a docket, this shows the name of the case and the dates on which various papers were filed or hearings held. Activities noted include filing of petition, judged bankrupt, meeting of creditors, claims approved, election of assignee, assignee's filing of a personal bond, proof of claims filed, account of distribution filed, etc.

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. Most cases in this minute book were completed by 1881, although a rare notation occurs as late as 1888.

Arrangement

Chronological.

Related Records

Bankruptcy minute books from the Territorial Supreme Court, Series 1456, contains minutes of some of these same cases which were begun earlier, under 1867 law, in the Supreme Court.

Bankruptcy register from the District Court (Third District), Series 3223, records the dates of various actions in some of these same individual cases.

Bankruptcy proceedings abstract book from the District Court (Third District), Series 6007, records the dates of various actions in some of these same individual 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.

Finding Aids

Other: Some actions recorded in the minutes are also recorded in series 3223, bankruptcy register, or series 6007, abstract book. Find the case in one of those series, then look up the date of a particular action in these minutes for more detail.

Indexing Terms

  • Bankruptcy—Utah.
  • Assignments for benefit of creditors—Utah.

Container List

REEL DESCRIPTION
1 1874 - 1878