Legal Opinion

In re Carlucci Stone Co.

District Court, M.D. Pennsylvania

Decided December 28, 1920No. 2437PublishedCited by 1 opinion

In Bankruptcy. In the matter of the Carlucci Stone Company, bankrupt. Sur petition to reopen estate for further proceedings. On rule to set aside the order reopening the estate.

1Opinion of the Court

WITMER, District Judge.

On examination of the petition it appears that the order opening and referring for further proceedings was orderly, and founded on a petition alleging the necessary jurisdictional facts. This is the only matter entitled to consideration. Whether the trustee has a meritorious and valid claim against the bankrupt, on which he is endeavoring to recover by bill in equity filed, -is another matter, and will receive consideration in its order.

[1] Complaint is made that the opening order was ex parte. In answer it may be said that the proceeding to reopen, authorized by…

2Cases cited5 opinions

  1. In re PaineDistrict Court, W.D. Kentucky · 1904
  2. In re NewtonCourt of Appeals for the Eighth Circuit · 1901
  3. In re GraffCourt of Appeals for the Second Circuit · 1918
  4. In re GoldmanCourt of Appeals for the Second Circuit · 1904
  5. Sperry Mfg. Co. v. J. L. Owens Co.Court of Appeals for the Eighth Circuit · 1901

3Cited by1 opinion

  1. Gerber v. FruchterCourt of Appeals for the Second Circuit · 1945

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