Legal Opinion

In re Smith

Court of Appeals for the Second Circuit

Decided June 10, 1940No. 353PublishedCited by 5 opinions

1Opinion of the Court

PATTERSON, Circuit Judge.

Among the changes introduced in the bankruptcy law by the Chandler Act of 1938, 52 Stat. 840, was a change in the procedure as to discharge. Under the old practice the bankrupt filed formal application for discharge from his debts. The period for filing the application ran from one month after adjudication to twelve months after adjudication, with a further period of six months more if a case of unavoidable prevention from filing in the normal time could be shown. Notice to creditors was given by the referee. Many bankrupts, and many lawyers also, were unaware that…

2Cases cited2 opinions

  1. In Re Old Algiers, Inc.Court of Appeals for the Second Circuit · 1938
  2. In Re CederbaumDistrict Court, S.D. New York · 1939

3Cited by5 opinions

  1. United States v. FraidinDistrict Court, D. Maryland · 1945
  2. New York Credit Men's Adjustment Bureau, Inc. And Chauncey H. Levy v. A. Jesse Goldstein & Co.Court of Appeals for the Second Circuit · 1960
  3. In re WaraCourt of Appeals for the Ninth Circuit · 1940
  4. In re HausmanDistrict Court, E.D. New York · 1940
  5. In re CunninghamDistrict Court, E.D. New York · 1944

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