Legal Opinion

In re Plotkin

District Court, S.D. New York

Decided November 4, 1965PublishedCited by 6 opinions

1Opinion of the Court

MacMAHON, District Judge.

In the matter before us, the Referee in Bankruptcy entered two different orders on two different dates. Each discharged the bankrupt over a creditor’s objection. The question is which of the orders determines whether the creditor’s petition to review is timely under Section 39, sub. c of the Bankruptcy Act, as amended, 11 U.S.C. § 67, sub. c (1964).

The facts are clear and undisputed. The referee entered his first order on July 30, 1965. The order was mailed August 2 and received August 7 by the attorney for the objecting creditor. The creditor attempted to file a…

2Cases cited5 opinions

  1. United States v. F. & M. Schaefer Brewing Co.Supreme Court of the United States · 1958
  2. Indemnity Ins. Co. v. ReisleyCourt of Appeals for the Second Circuit · 1945
  3. William I. Cohen v. Plateau Natural Gas Company, Drillers Gas Company, Paul Kitch and Vulcanmaterials CompanyCourt of Appeals for the Tenth Circuit · 1962
  4. Bowles v. RiceCourt of Appeals for the Sixth Circuit · 1946
  5. In re MandellDistrict Court, E.D. New York · 1938

3Cited by6 opinions

  1. In Re Lbl Sports Center, Incorporated, Bankrupt. Leandra Walker, Trustee in Bankruptcy, and Lml Corporation v. Bank of CadizCourt of Appeals for the Sixth Circuit · 1982
  2. Ramsey v. RamseyCourt of Appeals for the Ninth Circuit · 1980
  3. Matter of Inwood Realty Co.District Court, S.D. New York · 1980
  4. McNellis v. DubnoffDistrict Court, N.D. New York · 1968
  5. Ramsey v. RamseyCourt of Appeals for the Ninth Circuit · 1980

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