Legal Opinion

Germania Nat. Bank of Milwaukee v. Lachenmaier

Court of Appeals for the Seventh Circuit

Decided January 7, 1913No. 1,906PublishedCited by 14 opinions

Appeal from the District Court of the United States for the Eastern District of Wisconsin; Arthur L. Sanborn, Judge. In the matter of bankruptcy proceedings of Fred Lachenmaier. From an order granting the bankrupt a discharge, the Germania National Bank of Milwaukee appeals.

1Opinion of the Court

BAKER, Circuit Judge.

An objecting creditor appeals from an order granting the bankrupt a discharge. Objection was under section 14b (5) (Act July 1, 1898, c. 541, 30 Stat. 550 [U. S. Comp. St. 1901, p. 3427J) that within six years the bankrupt had been granted a discharge in voluntary proceedings.

Whether steps in the prior proceedings were taken in fact (apart from the legal effect of the steps) on a voluntary or on an involuntary petition is readily determined by the record.

February 7, 1910, at 10 a. in., three creditors filed their petition in an involuntary proceeding against Lachenmaier,…

2Cases cited3 opinions

  1. In re StegarDistrict Court, N.D. Alabama · 1902
  2. Gleason v. Smith, Perkins & Co.Court of Appeals for the Third Circuit · 1906
  3. In re DwyerDistrict Court, D. North Dakota · 1902

3Cited by14 opinions

  1. In Re Owl Drug Co.District Court, D. Nevada · 1936
  2. In Re TauscherUnited States Bankruptcy Court, E.D. Wisconsin · 1982
  3. In Re Fox West Coast TheatresCourt of Appeals for the Ninth Circuit · 1937
  4. In re United Grocery Co.District Court, S.D. Florida · 1917
  5. International Silver Co. v. New York Jewelry Co.Court of Appeals for the Sixth Circuit · 1916

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