Legal Opinion

In Re Bonnie Classics, Ins.

District Court, S.D. New York

Decided November 20, 1953PublishedCited by 4 opinions

1Opinion of the Court

WEINFELD, District Judge.

This petition for review presents a single question of law, one of novel impression. Does the filing of a certificate of dissolution of a corporation, pursuant to § 105 of the New York Stock Corporation Law, when the corporation is insolvent, constitute an act of bankrupt-, cy under § 3, sub. a(5) of the Bankruptcy Act, 11 U.S.C.A. § 21, sub. a(5) ? The Referee concluded that it did and I agree.

Section 3, sub. a(5) of the Bankruptcy Act, insofar as here pertinent, makes it an act of bankruptcy for a person who « * * * while insolvent or unable to pay his debts as they…

2Cases cited21 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
  3. Markham v. CabellSupreme Court of the United States · 1946
  4. Geddes v. Anaconda Copper Mining Co.Supreme Court of the United States · 1921
  5. In Re Watts and SachsSupreme Court of the United States · 1903

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In Re Crateo, Inc., Bankrupt. Crateo, Inc. v. Intermark, Inc.Court of Appeals for the Ninth Circuit · 1976
  2. Blair & Co. v. FoleyCourt of Appeals for the Second Circuit · 1972
  3. Blair & Co., Inc. v. FoleyCourt of Appeals for the Second Circuit · 1973
  4. Blair & Co. v. FoleyCourt of Appeals for the Second Circuit · 1972

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