In re Gutwillig
Court of Appeals for the Second Circuit
In Bankruptcy. Petition to review an order oí the district court of the United States for the Southern district of New York.
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In Bankruptcy. Petition to review an order oí the district court of the United States for the Southern district of New York. In this case, a petition in involuntary bankruptcy having been filed against a debtor who liad previously made a general assignment for the benefit of Ms creditors, the district court, on motion of the petitioning creditors, granted a restraining order forbidding the assignee to dispose of the assigned property or its proceeds until the adjudication upon the petition, fit) Fed. 475. And thereupon the assignee brought this petition for review of such order.
1Opinion of the Court
WALLACE, Circuit Judge.
If the general assignment made by the alleged bankrupt would, in the event of an adjudication of bankruptcy, be treated as void as against the trustee of his estate, the order enjoining the assignee from disposing of or interfering with the property transferred pending the hearing was a proper and expedient exertion of the authority conferred upon courts of bankruptcy by clause lo, § 2, of the present act.
The assignment, which was made November 9, 1898, recites the insolvency of the assignor, and transfers all his property and effects to an assignee for the benefit of…
2Cases cited2 opinions
- Globe Ins. v. Cleveland Ins.U.S. Circuit Court for the District of Northern Ohio · 1876
- Barnes v. RettewUnited States Circuit Court · 1871
3Cited by43 opinions
- Coder v. ArtsCourt of Appeals for the Eighth Circuit · 1907
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Gamble v. DanielCourt of Appeals for the Eighth Circuit · 1930
- Bernheimer v. BryanCourt of Appeals for the Fifth Circuit · 1899
- In re Louis Neuburger, Inc.Court of Appeals for the Second Circuit · 1917
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