Legal Opinion

In Re Crown Sportswear, Inc.

Court of Appeals for the First Circuit

Decided May 17, 1978No. 77-1487PublishedCited by 36 opinions

1Opinion of the Court

BOWNES, Circuit Judge.

The issue in this bankruptcy appeal is whether an involuntary petition in bankruptcy brought by a single creditor alleging that the number of creditors was fewer than twelve should have been dismissed as a matter of law. The bankrupt-appellant moved to dismiss on the ground that, since it had more than eleven creditors, the bankruptcy court had no jurisdiction of the petition.

On June 4,1976, appellant, Crown Sportswear, Inc., had made a general assignment for the benefit of creditors. Bassett-Walker Knitting Company, Inc., a creditor of Crown to the amount of $51,702,…

2Cases cited4 opinions

  1. In Re AughenbaughCourt of Appeals for the Third Circuit · 1942
  2. Myron M. Navison Shoe Co. v. Lane Shoe Co.Court of Appeals for the First Circuit · 1929
  3. In re Security Motor Co.District Court, W.D. Missouri · 1943
  4. In The Matter Of CrofootCourt of Appeals for the Seventh Circuit · 1963

3Cited by36 opinions

  1. In Re David F. Laroche. David F. Laroche v. Amoskeag BankCourt of Appeals for the First Circuit · 1992
  2. Atlas MacHine & Iron Works, Incorporated v. Bethlehem Steel Corporation, Bethlehem Steel Corporation v. Atlas MacHine & Iron Works, IncorporatedCourt of Appeals for the Fourth Circuit · 1993
  3. Dunlop Tire & Rubber Corp. v. Earl's Tire Service, Inc. (In Re Earl's Tire Service, Inc.)District Court, D. Delaware · 1980
  4. In Re Alta Title Co.United States Bankruptcy Court, D. Utah · 1985
  5. United States Fidelity & Guaranty Co. v. DJF Realty & Suppliers, Inc.District Court, N.D. New York · 1986

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