In re Palestine

Second Circuit

In re Palestine

75 F.2d 500, 1935 U.S. App. LEXIS 2978

CourtCourt of Appeals for the Second Circuit

DecidedFebruary 18, 1935

DocketNo. 127

StatusPublished

Cited by3 cases

This text of 75 F.2d 500 (In re Palestine) 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.

Bluebook

In re Palestine, 75 F.2d 500, 1935 U.S. App. LEXIS 2978 (2d Cir. 1935).

Pincite

Opinion

PER CURIAM.

The appellant was adjudicated a bankrupt September 18, 1933. Among her creditors was the appellee. The appellant was examined before the referee, and thereafter filed a petition for discharge in bankruptcy. This was referred to the referee in the usual course. All creditors, including the, ap-[501]*501pellee, were notified to attend; on February 7, 1934, and show cause why the discharge should not be granted. On February 7,1934, the application for discharge was heard. None of the creditors listed in the schedules appeared in opposition except the appellee, who appeared through her attorneys, and-filed a notice of appearance stating that she desired to file specifications of objections to the discharge of the bankrupt. No specifications of the grounds of the appellee’s objections to the discharge were filed on February 7, 1934, the return day. However, the time was extended by allowing appellee two days within which to file such specifications. The bankrupt moved to dismiss the specifications because not filed as required by General Order 32 of the United States Supreme Court (as amended in 1933, 28 US CA § 53) on the return day. The appellant’s motion was denied, and an order entered. This appeal was then taken from the order.

The motion should have been granted. In re Reichert (C. C. A.) 73 F.(2d) 56, affirmed Lerner v. First Wis. Nat. Bank (Lawyers’ County Trust Co. v. Reichert) (February 4, 1935) 55 S. Ct. 360, 79 L. Ed.

Order reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant was adjudicated a bankrupt September 18, 1933. Among her creditors was the appellee. The appellant was examined before the referee, and thereafter filed a petition for discharge in bankruptcy. This was referred to the referee in the usual course. All creditors, including the, ap-[501]*501pellee, were notified to attend; on February 7, 1934, and show cause why the discharge should not be granted. On February 7,1934, the application for discharge was heard. None of the creditors listed in the schedules appeared in opposition except the appellee, who appeared through her attorneys, and-filed a notice of appearance stating that she desired to file specifications of objections to the discharge of the bankrupt. No specifications of the grounds of the appellee’s objections to the discharge were filed on February 7, 1934, the return day. However, the time was extended by allowing appellee two days within which to file such specifications. The bankrupt moved to dismiss the specifications because not filed as required by General Order 32 of the United States Supreme Court (as amended in 1933, 28 US CA § 53) on the return day. The appellant’s motion was denied, and an order entered. This appeal was then taken from the order.

The motion should have been granted. In re Reichert (C. C. A.) 73 F.(2d) 56, affirmed Lerner v. First Wis. Nat. Bank (Lawyers’ County Trust Co. v. Reichert) (February 4, 1935) 55 S. Ct. 360, 79 L. Ed.

Order reversed.

Cite This Page — Counsel Stack

Bluebook (online)

75 F.2d 500, 1935 U.S. App. LEXIS 2978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-palestine-ca2-1935.

Opinion

Related

Cite This Page — Counsel Stack