Legal Opinion

In re Stilwell

Court of Appeals for the Second Circuit

Decided June 4, 1941No. 251PublishedCited by 12 opinions

1Opinion of the Court

FRANK, Circuit Judge.

On November 10, 1930, Ralph A. Stilwell, appellant here, was adjudicated a voluntary bankrupt. On March 23, 1931 he petitioned for a discharge, and the District Court ordered that due notice be published and mailed to creditors. There is no proof of compliance with this order and we may take it as established that no notice was given. Shortly thereafter the referee, who is now deceased, recommended that discharge be withheld until an unpaid balance on the expenses of the proceeding, amounting to $22.56, was paid. For the following nine years there is a hiatus. Then, on…

2Cases cited2 opinions

  1. Rash v. MetzgerCourt of Appeals for the Third Circuit · 1929
  2. John B. Ellison & Sons v. WeintrobCourt of Appeals for the Fourth Circuit · 1921

3Cited by12 opinions

  1. Lottie Joplin Thomas Trust v. Crown Publishers, Inc.District Court, S.D. New York · 1977
  2. Interpool, Ltd. v. Certain Freights of the M/V Venture Star (In Re Dunn)District Court, D. New Jersey · 1988
  3. In Re ZimmerDistrict Court, S.D. California · 1945
  4. Butts v. ClancyCourt of Appeals for the Second Circuit · 1941
  5. Edward B. Marks Music Corp. v. WonnellDistrict Court, S.D. New York · 1945

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