Legal Opinion · Concurrence

Cohen v. Keller

Court of Appeals for the Second Circuit

Decided January 2, 1940No. 95Published

1ConcurrenceClark, Circuit Judge

I think, too, that this bankrupt should still have an opportunity to seek his discharge, though in reaching this conclusion I have been more influenced by the trend of judicial and legislative thinking than have my brethren. Perhaps the stern logic of In re Taylor, 2 Cir., 22 F.2d 499, pressed to its end, may suggest a different result, but I do not believe we are longer justified in following that case as a beacon. As early at least as In re MacLauchlan, 2 Cir., 9 F.2d 534, it was recognized that we applied a harsher rule than had found favor elsewhere ; and although we were followed…

2Cases cited20 opinions

  1. In re JacobsCourt of Appeals for the Sixth Circuit · 1917
  2. In Re FarrowDistrict Court, S.D. California · 1939
  3. In Re TaylorCourt of Appeals for the Second Circuit · 1927
  4. In re MacLauchlanCourt of Appeals for the Second Circuit · 1925
  5. In Re CederbaumDistrict Court, S.D. New York · 1939

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