Ackman v. Walter E. Heller & Co.

Second Circuit

Ackman v. Walter E. Heller & Co.

420 F.2d 1380

CourtCourt of Appeals for the Second Circuit

DecidedDecember 16, 1969

DocketNo. 337, Docket 32985

StatusPublished

Cited by1 cases

This text of 420 F.2d 1380 (Ackman v. Walter E. Heller & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ackman v. Walter E. Heller & Co., 420 F.2d 1380 (2d Cir. 1969).

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PER CURIAM:

The judgment of the District Court is affirmed. There is ample support in the record to sustain the findings in the opinions of Judge Wyatt, reported at 307 F.Supp. 971 (S.D.N.Y.1968), and 307 F.Supp. 958 (S.D.N.Y.1968), that (1) there is no “reasonable cause ,to believe that the debtor is insolvent” as required to make a preference voidable under § 60(b) of the Bankruptcy Act, 11 U.S.C. § 96(b) (1964) and (2) there was no “intent of giving a preference to any particular creditor over other creditors” as required by § 15 of the New York Stock Corporation Law, McKinney’s Consol. Laws, c. 59, made applicable by § 70(e) of the Bankruptcy Act, 11 U.S.C. § 110 (e) (1964).

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PER CURIAM:

The judgment of the District Court is affirmed. There is ample support in the record to sustain the findings in the opinions of Judge Wyatt, reported at 307 F.Supp. 971 (S.D.N.Y.1968), and 307 F.Supp. 958 (S.D.N.Y.1968), that (1) there is no “reasonable cause ,to believe that the debtor is insolvent” as required to make a preference voidable under § 60(b) of the Bankruptcy Act, 11 U.S.C. § 96(b) (1964) and (2) there was no “intent of giving a preference to any particular creditor over other creditors” as required by § 15 of the New York Stock Corporation Law, McKinney’s Consol. Laws, c. 59, made applicable by § 70(e) of the Bankruptcy Act, 11 U.S.C. § 110 (e) (1964).

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420 F.2d 1380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ackman-v-walter-e-heller-co-ca2-1969.

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