Legal Opinion
In Re Isidor Klein, Inc.
Court of Appeals for the Second Circuit
Decided December 5, 1927No. 25PublishedCited by 34 opinions
1Opinion of the CourtSwan, Circuit Judge
(after stating the facts as above). Setting aside an order confirming a composition is controlled exclusively by section 13 of the Bankruptcy Act:
“The judge may * * * within six months * * * set the same aside * * * if it shall be made to appear upon a trial that fraud was practiced in the procuring of such composition, and that the knowledge thereof has come to the petitioners since the confirmation of such composition.” 11 USCA § 31.
With reference to this section, this court has expressed the view in dicta that, after signing the confirmation order, the only power left in the bankruptcy,…
2Cases cited14 opinions
- In re MirkusCourt of Appeals for the Second Circuit · 1923
- Kinkead v. J. Bacon & SonsCourt of Appeals for the Sixth Circuit · 1916
- In re RudnickDistrict Court, D. Massachusetts · 1899
- In re SiegelCourt of Appeals for the Second Circuit · 1919
- In re Watman, Konopolsky & BernsteinDistrict Court, S.D. New York · 1923
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- In the Matter of NEWPORT HARBOR ASSOCIATES, D/B/A Newport Harbor Treadway, Inc., Etc. and James W. Kirby, Etc., Debtors, AppellantsCourt of Appeals for the First Circuit · 1978
- In Re Central Funding CorporationCourt of Appeals for the Second Circuit · 1935
- Matter of DepewUnited States Bankruptcy Court, N.D. Indiana · 1990
- Stamford Municipal Employees' Credit Union, Inc. v. Edwards (In Re Edwards)United States Bankruptcy Court, D. Connecticut · 1986
- In Re Cinderella Clothing Industries, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1988
29 more not listed; retrieve them via the Exa API.