Legal Opinion · Dissent

Lowenstein v. Reikes

Court of Appeals for the Second Circuit

Decided December 7, 1931Published

1DissentSwan, Circuit Judge

The question presented by these motions is whether a suit by a trustee in bankruptcy, brought in the District Court to avoid a preferential transfer made by the bankrupt prior to the institution of the bankruptcy proceeding, is a “controversy arising in bankruptcy proceedings from a court of bankruptcy” within the meaning of section 24a of the Bankruptcy Act, 11 USCA § 47 (a). If it is, section 24e, which was added by the amendment of 1926 (44 Stat. 644,11 USCA § 47 (e), requires the appeal to be taken within thirty days after judgment or decree. It is a question which seems never to have…

2Cases cited33 opinions

  1. Bardes v. Hawarden BankSupreme Court of the United States · 1900
  2. Hewit v. Berlin MacHine WorksSupreme Court of the United States · 1904
  3. Whitney v. WenmanSupreme Court of the United States · 1905
  4. Taylor v. VossSupreme Court of the United States · 1926
  5. Weidhorn v. LevySupreme Court of the United States · 1920

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