Legal Opinion

In re Goldner-Siegel Corp.

District Court, S.D. New York

Decided October 16, 1933Published

1Opinion of the Court

WOOLSEY, District Judge.

Motion to confirm is denied — adjudication may be had.

I hold that the alleged bankrupt was insolvent when the petition was filed on July 3, 1983, and disapprove and reverse the special master’s finding that the alleged bankrupt was then solvent by a margin of $185.32.

I. As the special master has found transfers in fraud of creditors under Bankruptcy Act, § 3a (1), 11 USCA § 21 (a) (1), as acts of bankruptcy committed herein, the burden of proof was east on the alleged bankrupt of proving solvency at the time of filing the petition. Bankruptcy Act, § 3c, 11 USCA § 21…

2Cases cited3 opinions

  1. West Co. v. LeaSupreme Court of the United States · 1899
  2. Acme Food Co. v. MeierCourt of Appeals for the Sixth Circuit · 1907
  3. In re WestCourt of Appeals for the Second Circuit · 1901

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