In re Louis J. Bergdoll Motor Co.
District Court, E.D. Pennsylvania
In Bankruptcy. In the matter of the Louis J. Bergdoll Motor Company, bankrupt. On petition to review orders made by the referee respecting claims of Erwin R. Bergdoll.
1Opinion of the Court
DICKINSON, District Judge.
Whatever conclusion might be reached in this case if the questions involved had not already been passed upon, we feel bound to find these propositions to have been settled beyond our authority to disturb them.
[1] 1. A preferred creditor may prove his claim under section 57g of the Bankruptcy Act, notwithstanding there has been no surrender •of his preference by him beyond what is involved in the payment of a final judgment secured against him in a proceeding instituted by the trustee to avoid the preference.
[2] 2. Such creditor is not barred by the one-year statute…
2Cases cited2 opinions
- Keppel v. Tiffin Savings BankSupreme Court of the United States · 1905
- In re Otto F. Lange Co.District Court, N.D. Iowa · 1909
3Cited by6 opinions
- Barks v. KleyneCourt of Appeals for the Eighth Circuit · 1926
- Harrigan v. BergdollCourt of Appeals for the Third Circuit · 1916
- Corpus Christi Hardware Co. v. WundermanCourt of Appeals for the Fifth Circuit · 1938
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
- Cunningham v. Merchants' Nat. Bank of ManchesterCourt of Appeals for the First Circuit · 1925
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