Bacon v. Buffalo Cold Storage Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Northern District of Texas. In the matter of Herschel Martin Bacon, bankrupt. From an order of discharge, the bankrupt appeals, so far as the order excepts debts due the Buffalo Cold Storage Company. This is an appeal from an order of the District Court for the Northern District of Texas granting the bankrupt his discharge.
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Appeal from the District Court of the United States for the Northern District of Texas. In the matter of Herschel Martin Bacon, bankrupt. From an order of discharge, the bankrupt appeals, so far as the order excepts debts due the Buffalo Cold Storage Company. This is an appeal from an order of the District Court for the Northern District of Texas granting the bankrupt his discharge. The appeal is taken by the bankrupt, and the order is complained of by him because of the following limitation placed by the court in the discharge: .“And excepting also such debts as were provable in certain…
1Opinion of the CourtGrubb, District Judge
(after stating the facts as above). [1] The appeal presents the single question whether the failure of a bankrupt to apply for a discharge within the time required by law raider an earlier petition is a good ground for denying his discharge when applied for by the bankrupt under a later petition, in which no new assets are scheduled, as to creditors who held provable claims under the first petition, and whether it is proper to grant the discharge limiting the operation of it in cases, as in this case, in which there are also creditors whose claims are not provable under the first petition, to…
2Cases cited16 opinions
- Bluthenthal v. JonesSupreme Court of the United States · 1908
- Kuntz v. YoungCourt of Appeals for the Eighth Circuit · 1904
- In re FiegenbaumCourt of Appeals for the Second Circuit · 1903
- In re KufflerCourt of Appeals for the Second Circuit · 1907
- Pollet v. CoselCourt of Appeals for the First Circuit · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Freshman v. AtkinsSupreme Court of the United States · 1925
- 27 Fair empl.prac.cas. 913, 27 Empl. Prac. Dec. P 32,328 United States of America v. The City of Miami, Florida v. Fraternal Order of Police, City of Miami Lodge No. 20, Kenneth R. Harrison, President, and the Miami Police Benevolent AssociationCourt of Appeals for the Fifth Circuit · 1981
- In Re SchwartzCourt of Appeals for the Second Circuit · 1937
- Ginsberg v. ThomasCourt of Appeals for the Tenth Circuit · 1948
- Loughran v. Hazleton Mercantile Co.Court of Appeals for the Third Circuit · 1914
26 more not listed; retrieve them via the Exa API.