Legal Opinion

In re Kehler

Court of Appeals for the Second Circuit

Decided January 7, 1908No. 115PublishedCited by 11 opinions

Appeal from the District Court of the United States for the Western District of New York. On appeal from an order of the District Court for the Western District of New York dated May 29, 1907, adjudicating Frank J. Keliler an involuntary bankrupt and dismissing an answer, and an amended answer, filed by H. Franklin Schlegel, committee of said Keliler, alleging that he had been adjudged insane by the court of common pleas of Schuylkill county, Pa.

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Appeal from the District Court of the United States for the Western District of New York. On appeal from an order of the District Court for the Western District of New York dated May 29, 1907, adjudicating Frank J. Keliler an involuntary bankrupt and dismissing an answer, and an amended answer, filed by H. Franklin Schlegel, committee of said Keliler, alleging that he had been adjudged insane by the court of common pleas of Schuylkill county, Pa. The said answers were dismissed on the ground that they stated no facts which constituted a defense to the petition of tlie petitioning creditors.…

1Opinion of the Court

COXE, Circuit Judge.

On February 22, 1907, the petitioning creditors filed a petition asking that Keliler be adjudicated a bankrupt, alleging as acts of bankruptcy the transfer, while insolvent, on or about January 3, 1907, of property, aggregating $5,140 in value, to four relatives, who were creditors with intent to give them a preference; on the same day, February 22. 1907, a receiver of the property within the jurisdiction of the court was appointed. On March 21, 1907, *56H. Franklin Schlegel as committee of the alleged bankrupt filed an answer to the petition in bankruptcy alleging that…

2Cases cited1 opinion

  1. McGinnis v. Commonwealth ex rel. McGinnisSupreme Court of Pennsylvania · 1874

3Cited by11 opinions

  1. State of Oregon v. GarverOregon Supreme Court · 1950
  2. Frame v. HudspethCourt of Appeals for the Tenth Circuit · 1939
  3. In Re ZawiszaUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. In Re MurrayUnited States Bankruptcy Court, M.D. Tennessee · 1996
  5. In Re TobinDistrict Court, D. Minnesota · 1938

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