Legal Opinion

Falter v. Reinhard

Court of Appeals for the Sixth Circuit

Decided January 8, 1901No. 911PublishedCited by 35 opinions

Appeal from the District Court of the United States for the Eastern Division of the Southern District of Ohio, in Bankruptcy.

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Appeal from the District Court of the United States for the Eastern Division of the Southern District of Ohio, in Bankruptcy. This case comes into this court on a petition to review the decision of the district court rendered on a certificate by the referee in bankruptcy, which is as follows: “I, Charles ¾1. Rogers, one of the referees of said court in bankruptcy, do hereby certify that, in the course of the proceedings in said case before me, the following questions arose pertinent to the said proceedings: (1) Whether or not a referee presiding at the first meeting has power to hear and…

1Opinion of the CourtDay, Circuit Judge

(after stating the facts as above). Section 44 of the bankruptcy act provides that the creditors shall appoint one or more trustees at their first meeting after the adjudication. The act further provides (section 55, subd. “b”) that at the first meet ing of creditors the judge or referee shall preside, and before pro ceeding with the other business may allow or disallow the claims of creditors there present, and may publicly examine the bankrupi, or cause him to be examined, at the instance of any creditor. The allowance of claims determines which creditors may participate in the proceedings…

2Cases cited1 opinion

  1. In re LewensohnDistrict Court, S.D. New York · 1899

3Cited by35 opinions

  1. In Re VanceUnited States Bankruptcy Court, N.D. Oklahoma · 1990
  2. Schwartz v. MillsCourt of Appeals for the Second Circuit · 1951
  3. Sloan's Furriers, Inc. v. BradleyCourt of Appeals for the Sixth Circuit · 1945
  4. In Re Latham Lithographic CorporationCourt of Appeals for the Second Circuit · 1939
  5. In re Columbia Iron WorksDistrict Court, E.D. Michigan · 1904

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