| Commentary

235 Investigation by trustee

| Commentary

235 Investigation by trustee

The trustee has a duty to investigate each proof of debt and determine whether it may properly be admitted in the bankruptcy. No debt which would not be enforceable against the bankrupt is admissible for proof1. The trustee is not bound by the bankrupt’s statement of affairs and may reject a claim which the bankrupt has admitted2. The trustee may go behind a judgment obtained by a creditor3. Failure to take proper steps to investigate a proof may cause loss to the estate and render the trustee liable to compensate

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