Summary

Oliver Wendell Holmes, Jr. Sexton v. Dreyfus — Opinion of the Court

We take our bankruptcy system from England, and we naturally assume that the fundamental principles upon which it was administered were adopted by us when we copied the system, somewhat as the established construction of a law goes with the words where they are copied by another state. No one doubts that interest on unsecured debts stops.
Source: Wikisource

Oliver Wendell Holmes, Jr. Sexton v. Dreyfus — Opinion of the Court

When there is delay in selling because of the hope of getting a higher price, it is more for the advantage of the secured creditor than of anyone else, as he takes the whole advance, and the others only benefit by a percentage, which does not seem a good reason for allowing him to prove for interest by indirection. Whenever the creditor proves, his security may be cut short. That is the necessarily possible result of bankruptcy. The rule under discussion fixes the moment in all cases at the date which the petition is filed
Source: Wikisource

Oliver Wendell Holmes, Jr. Sexton v. Dreyfus — Opinion of the Court

The law is not intended to take away any part of the security that a creditor may have, as it would seem at first sight to do if the course adopted below were not followed. Some further countenance to that course is thought to be found in § 57, which provides that the value of securities shall be determined by converting them into money 'according to the terms of the agreement,' for it is urged that, by construction, the right to apply them to interest is as much part of the agreement as if it had been written in.
Source: Wikisource

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