Legal Opinion

In re J. P. Linahan, Inc.

Court of Appeals for the Second Circuit

Decided January 8, 1943No. 99PublishedCited by 7 opinions

1Opinion of the Court

FRANK, Circuit Judge.

On February 20, 1940, three creditors of the debtor filed an involuntary petition for reorganization under Chapter X of the Bankruptcy Act, 11 U.S.C.A. § 501 et seq. The petition alleged the debtor’s insolvency and the commission of an act of bankruptcy, i. e., the transfer of approximately $40,000, while insolvent, with intent to prefer, to unnamed creditors. On February 21, the debtor’s Board of Directors1 met and passed a resolution, pursuant to which an answer was filed on February 23, admitting insolvency-and consenting to the approval of the creditor’s petition. The…

2Cases cited3 opinions

  1. Glint Factors, Inc. v. SchnappCourt of Appeals for the Second Circuit · 1942
  2. In Re J. P. Linahan, Inc.Court of Appeals for the Second Circuit · 1940
  3. Moore v. LinahanCourt of Appeals for the Second Circuit · 1941

3Cited by7 opinions

  1. In Re J. P. Linahan, Inc.Court of Appeals for the Second Circuit · 1943
  2. Metzeler v. Bouchard Transportation Co. (In Re Metzeler)United States Bankruptcy Court, S.D. New York · 1986
  3. Dworsky v. Alanjay Bias Binding CorporationCourt of Appeals for the Second Circuit · 1950
  4. Klein v. Nu-Way Shoe Co.Court of Appeals for the Second Circuit · 1943
  5. Pereira v. Hong Kong & Shanghai Banking Corp. (In Re Kam Kuo Seafood Corp.)United States Bankruptcy Court, S.D. New York · 1986

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