Legal Opinion
Banque de Financement, S. A. v. First National Bank
Court of Appeals for the Second Circuit
Decided August 30, 1977No. 447, Docket 76-5026PublishedCited by 20 opinions
1Opinion of the Court
TIMBERS, Circuit Judge:
On this appeal from a judgment entered July 29, 1976 in the Southern District of New York, Robert J. Ward, District Judge, affirming an order entered January 13, 1976 by Roy Babitt, Bankruptcy Judge, which dismissed as improvidently filed the debtor’s petition under Chapter XI of the Bankruptcy Act, 11 U.S.C. § 701 et seq. (1970), the essential question is whether under the circumstances of this case it was appropriate for the bankruptcy court to exercise its inherent power to dismiss a Chapter XI petition as improvidently filed. We hold it was not. We reverse and…
2Cases cited13 opinions
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
- Disconto Gesellschaft v. UmbreitSupreme Court of the United States · 1908
- In the Matter of Laurence Semel, Bankrupt. Laurence SemelCourt of Appeals for the Third Circuit · 1969
- In Re Everick Art CorporationCourt of Appeals for the Second Circuit · 1930
- In Re EttingerCourt of Appeals for the Second Circuit · 1935
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In the Matter of Cohoes Industrial Terminal, Inc., Debtor. Leon C. Baker, Cross-Appellee v. Latham Sparrowbush Associates, Cross-AppellantCourt of Appeals for the Second Circuit · 1991
- Matter of CulmerUnited States Bankruptcy Court, S.D. New York · 1982
- In Re Axona International Credit & Commerce Ltd.United States Bankruptcy Court, S.D. New York · 1988
- Continental Illinois National Bank & Trust Co. v. Century City, Inc. (In Re Century City, Inc.)United States Bankruptcy Court, D. New Jersey · 1980
- Calkins v. BlumDistrict Court, N.D. New York · 1981
15 more not listed; retrieve them via the Exa API.