Legal Opinion
David B. Solove and Ethel G. Solove v. Chase Manhattan Bank
Court of Appeals for the Fifth Circuit
Decided January 25, 1968No. 24607PublishedCited by 6 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The question this appeal presents is whether a proposed amended petition to revoke a bankrupt’s discharge, filed over one year after the discharge and containing a substantially new ground for revocation, was timely filed through relation back of the amendment to the original petition. The original petition was filed within one year after the order of discharge. We hold that the amendment was not timely filed, and reverse the order of the district court.
The facts are undisputed. The referee in bankruptcy entered an order discharging David and Ethel Solove on June 18,…
2Cases cited12 opinions
- Katchen v. LandySupreme Court of the United States · 1966
- Ex Parte City BankSupreme Court of the United States · 1844
- Ginsberg v. ThomasCourt of Appeals for the Tenth Circuit · 1948
- In re CuthbertsonDistrict Court, D. South Dakota · 1912
- California Airmotive Corporation v. Irving R. Bass, Trustee of the Estate of Standard Airways, Inc., BankruptCourt of Appeals for the Ninth Circuit · 1965
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3Cited by6 opinions
- In Re LeiterUnited States Bankruptcy Court, N.D. Indiana · 1990
- Matter of Medical Analytics, Inc.District Court, S.D. New York · 1975
- In Re BarrupUnited States Bankruptcy Court, D. Vermont · 1985
- Allen v. Scott (In re Scott)United States Bankruptcy Court, N.D. Alabama · 2012
- Gebhardt v. Thompson (In re Thompson)United States Bankruptcy Court, N.D. Georgia · 2016
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