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Legal Opinion

In re Mirkus

Court of Appeals for the Second Circuit

Decided April 9, 1923No. 224PublishedCited by 21 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above), The bankruptcy court alone has the power to grant a discharge, but the effect of a discharge is matter for the consideration of any court to which it may be presented as a defense or otherwise. In re Havens (C. C. A.) 272 Fed. 975. The case at bar questions the effect of a composition agreement carried through in accordance with the statute. In substance the composition order is offered as a defense; i. e., a means of denying the right of the present petitioner to file a claim consisting of its original indebtedness. The fact that this defense or denial of…

2Cases cited12 opinions

  1. Cumberland Glass Manufacturing Co. v. De Witt & Co.Supreme Court of the United States · 1915
  2. In re HavensCourt of Appeals for the Second Circuit · 1921
  3. In re A. B. Carton & Co.District Court, S.D. New York · 1906
  4. In re HollinsCourt of Appeals for the Second Circuit · 1916
  5. In re Kinnane Co.District Court, S.D. Ohio · 1915

7 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Matter of DepewUnited States Bankruptcy Court, N.D. Indiana · 1990
  2. In Re Isidor Klein, Inc.Court of Appeals for the Second Circuit · 1927
  3. In Re KornbluthCourt of Appeals for the Second Circuit · 1933
  4. Matter of Braten Apparel Corp.United States Bankruptcy Court, S.D. New York · 1982
  5. In Re Emergency Beacon Corp.District Court, S.D. New York · 1985

16 more not listed; retrieve them via the Exa API.

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