In re Roeber
Court of Appeals for the Second Circuit
Petitions to Review Orders of the District Court of the United States for the Eastern District of New York. This cause comes here upon two petitions to review orders in bankruptcy made in the District Court for the Eastern District of New York. The orders are substantially alike; one being in favor of the Otto E. Reimer Company, and the other in favor of Rouis Bossert .& Son; both concerns being creditors of the bankrupt.
1Opinion of the Court
LACOMBE, Circuit Judge.
The orders sought to be reviewed admitted the above-named creditors to participation with the others, and awarded them a pro rata share of the bankrupt’s estate. Inasmuch as Roeber was adjudged a bankrupt September 13, 1901, and the application for the order sought to be reviewed was not made until January, 1903, it was resisted by the trustee as being barred by the provisions of the bankrupt act.
The relevant sections are:
“Sec. 57a. Proof of claims shall consist of a statement under oath, in writing, signed by a creditor, setting forth the claim, the consideration, and…
2Cases cited3 opinions
- In re CraftU.S. Circuit Court for the District of Southern New York · 1868
- In re RoeberCourt of Appeals for the Second Circuit · 1902
- In re RoeberDistrict Court, E.D. New York · 1902
3Cited by37 opinions
- In Re LipmanCourt of Appeals for the Second Circuit · 1933
- First Nat. Bank v. WestCourt of Appeals for the Third Circuit · 1915
- Levine v. First National Bank of Lincolnwood (In Re Evanston Motor Co.)District Court, N.D. Illinois · 1983
- Scottsville Nat. Bank v. GilmerCourt of Appeals for the Fourth Circuit · 1930
- In re KesslerCourt of Appeals for the Second Circuit · 1910
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