Legal Opinion

In the Matter of Columbus Malleable, Inc., Alleged Bankrupt

Court of Appeals for the Sixth Circuit

Decided April 25, 1972No. 71-1529PublishedCited by 4 opinions

1Opinion of the Court

WILLIAM E. MILLER, Circuit Judge.

The appellants filed in the court below an involuntary petition to have Columbus Malleable, Inc. adjudged an involuntary bankrupt. The petition charged that the alleged bankrupt had committed the first act of bankruptcy (fraudulent transfer) and the second act of bankruptcy (a preferential transfer). 1

After conducting a full evidentiary hearing the Referee found that the petitioning creditors had failed to carry the burden of proving the requisite elements of either of the two alleged acts of bankruptcy. They then filed a petition for review with the district…

2Cases cited4 opinions

  1. National Bank of Newport v. National Herkimer County Bank of Little FallsSupreme Court of the United States · 1912
  2. Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
  3. Continental & Commercial Trust & Savings Bank v. Chicago Title & Trust Co.Supreme Court of the United States · 1913
  4. Edward Bryant Bertram, Bankrupt, Terry L. Hatchett, Trustee in Bankruptcy for Edward Bryant Bertram v. Citizens National Bank, Glasgow, KentuckyCourt of Appeals for the Sixth Circuit · 1960

3Cited by4 opinions

  1. In the Matter of Commodity Merchants, Inc., Bankrupt. Harper C. Allan, as Trustee in Bankruptcy v. Archer-Daniels-Midland Co.Court of Appeals for the Seventh Circuit · 1976
  2. In Re SchmelzerDistrict Court, S.D. Ohio · 1972
  3. Neuger v. United States (In Re Tenna Corp.)United States Bankruptcy Court, N.D. Ohio · 1984
  4. Eyde Construction Co. v. Public Data AssociatesDistrict Court, W.D. Michigan · 1980

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