In re Brockton Ideal Shoe Co.
Court of Appeals for the Second Circuit
Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy; George C. Holt, Judge. ■ In the matter of bankruptcy proceedings of the Brockton Ideal Shoe Company.
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Petition for Revision of Proceedings of the District Court of the United States for the Southern District of New York, in Bankruptcy; George C. Holt, Judge. ■ In the matter of bankruptcy proceedings of the Brockton Ideal Shoe Company. Petition of Ignatz Roth to revise an order denying a motion to vacate a prior order and directing the petitioner, as treasurer of the bankrupt corporation, to file schedules as required by the Bankruptcy Act, entered in proceedings ancillary to bankruptcy proceedings pending in the District Court for the District of Massachusetts.
1Opinion of the Court
NOYES, Circuit Judge.
[1,2] The first contention of the petitioner is that as the order of the Massachusetts referee requiring the filing of schedules was void, the order of the District Court based thereon was also invalid. We perceive, however, no ground either for the premises or the conclusion. The fact that the Massachusetts order provided that service should be made on the treasurer of the bankrupt corporation outside the state did not invalidate it, especially as it directed an application for an ancillary order authorizing such service. *747The order sought to be revised would not be void…
2Cited by1 opinion
- Martin Greene, Trustee of Ralph Jaeger, Inc., Bankrupt v. John J. HarrisCourt of Appeals for the Second Circuit · 1957