Edward Terry Sanford

“ Section 1 (11) , being Comp. St. § 9585 declares that the word 'debt' as used in the Act shall, unless inconsistent with the context, be construed to include 'any debt, demand, or claim provable in bankruptcy.'
It is clear that a judgment for tort is provable under the express provisions of section 63a (1) . The language is broad and unqualified. ”

“ The result of this would be that a person having property in excess of his other debts could not be adjudged an involuntary bankrupt under section 3b of the Act (Comp. St. § 9587) although owing judgments for tort exceeding the amount of his property. Clearly Congress did not intend so anomalous a result.
The trustee contends, however, that despite the broad language of section 63a (1) , the decision in Wetmore v. Markoe, 196 U.S. 68, 25 S.C.t. 172, 49 L. Ed. 390, 2 Ann. Cas. 265, necessarily leads to the conclusion that only judgments founded in debt are provable claims. ”

“ It was there held that under section 17 of the Act the arrears of alimony previously awarded to the wife of the bankrupt for the support of herself and their minor children under a final decree of absolute divorce was not a provable debt which was released by the bankrupt's discharge. ”