Legal Opinion

MacLeod v. Kapp

District Court, S.D. New York

Decided November 29, 1948No. Civ. 47-708PublishedCited by 4 opinions

1Opinion of the Court

HULBERT, District Judge.

Defendants move to dismiss the complaint pursuant to Title 11 U.S.C.A. § 29, sub. e upon the ground that more than two years have elapsed' since the adjudication of bankruptcy. The trustee in bankruptcy seeks to set aside an alleged preferential transfer under Section 15 of the New York Stock Corporation Law, Consol.Laws, c. 59.

An involuntary petition in bankruptcy was filed against the Radiant Fur Co., Inc. on May 9, 1945, and it was adjudicated a bankrupt on May 25, 1945. This action was commenced by the filing of the summons and complaint and ,the service of a copy…

2Cases cited4 opinions

  1. Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
  2. Frank Shepard Co. v. Zachary P. Taylor Publishing Co.New York Court of Appeals · 1923
  3. McBride v. FarringtonDistrict Court, D. Oregon · 1945
  4. McBride v. FarringtonCourt of Appeals for the Ninth Circuit · 1946

3Cited by4 opinions

  1. Austrian v. WilliamsDistrict Court, S.D. New York · 1952
  2. George Feldman, as Trustee in Bankruptcy of Leasing Consultants, Incorporated, Bankrupt v. First National City BankCourt of Appeals for the First Circuit · 1975
  3. Harrington v. YellinDistrict Court, E.D. Pennsylvania · 1958
  4. Halpert v. Engine Air Service, Inc.District Court, E.D. New York · 1953

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