Legal Opinion
In re Security Motor Co.
District Court, W.D. Missouri
Decided September 16, 1943No. 17549PublishedCited by 7 opinions
1Opinion of the Court
REEVES, District Judge.
In this case a sole qualified creditor filed an involuntary petition in bankruptcy against the alleged bankrupt. It did this perforce the provisions of paragraph b, Section 95, 11 U.S.C.A. Such provision is as follows: “ * * * if all of the creditors of such person are less than twelve in number, then one of such creditors whose claim equals such amount may file a petition to have him adjudged a bankrupt.”
No issue was made as to the qualification of the petitioning creditor. It is contended, however, that the number of creditors was far in excess of twelve and that the…
2Cases cited5 opinions
- ætna Life Ins. Co. v. KeplerCourt of Appeals for the Eighth Circuit · 1941
- Myron M. Navison Shoe Co. v. Lane Shoe Co.Court of Appeals for the First Circuit · 1929
- Dunsdon v. Federal Land Bank of St. PaulCourt of Appeals for the Eighth Circuit · 1943
- Walsh v. WalshSupreme Court of Missouri · 1920
- Jones v. NicholsSupreme Court of Missouri · 1919
3Cited by7 opinions
- In Re Crown Sportswear, Inc.Court of Appeals for the First Circuit · 1978
- In Re Alta Title Co.United States Bankruptcy Court, D. Utah · 1985
- In Re Caucus Distributors, Inc.United States Bankruptcy Court, E.D. Virginia · 1989
- Sun-Lite Awning Corp. v. E. J. Conklin Aviation Corp.Court of Appeals for the Fourth Circuit · 1949
- In The Matter Of CrofootCourt of Appeals for the Seventh Circuit · 1963
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