Legal Opinion
In re Hopkins
District Court, D. Rhode Island
Decided October 6, 1926No. 2434PublishedCited by 10 opinions
1Opinion of the Court
BROWN, District Judge.
In support of the motion to dismiss, it is contended that the trustee alone is authorized to institute proceedings for the examination and expunging of claims. See In re Lewensohn, 121 P. 538, 57 C. C. A. 600; In re New England Tire & Rubber (D. C.) 13 F.(2d) 1004; Collier on Bankruptcy (13th Ed.) p. 1172.
Ordinarily, the duty of protecting the creditors against improper claims is to be performed by the trustee. It does not follow, however, that the bankrupt can in no instance contest the allowance of a claim of a creditor.
General order XXVII provides for a petition for…
2Cases cited2 opinions
- Johnson v. NorrisCourt of Appeals for the Fifth Circuit · 1911
- In re LewensohnCourt of Appeals for the Second Circuit · 1903
3Cited by10 opinions
- Littleton v. KincaidCourt of Appeals for the Fourth Circuit · 1950
- Thummess v. Von HoffmanCourt of Appeals for the Third Circuit · 1940
- WOODMAR REALTY COMPANY v. McLEANCourt of Appeals for the Seventh Circuit · 1957
- Woodmar Realty Co. v. McLeanCourt of Appeals for the Seventh Circuit · 1957
- In re MaysDistrict Court, W.D. Arkansas · 1941
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