Legal Opinion

In re Northampton Portland Cement Co.

District Court, E.D. Pennsylvania

Decided March 3, 1911No. 3,739PublishedCited by 5 opinions

In the matter of bankruptcy proceedings of Northampton Portland Cement Company. On certificate of referee confirming a plan of organization.

1Opinion of the Court

J. B. McPHERSON, District Judge.

It may be that the proposed plan — which is not a composition, but a somewhat elaborate plan of reorganization- — offers the unsecured creditors their only opportunity of obtaining any payment whatever upon their claims. Assuming the plan to be judicious, the question remains: Has the District Court any authority to enforce it? The fact that it has been approved by a large majority of the creditors is not decisive. Unless the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 544 [U. S. Comp. St. 1901, p. 3418]) empowers the court to take up the plan and make…

2Cases cited4 opinions

  1. In re FrearDistrict Court, N.D. New York · 1903
  2. In re LockwoodDistrict Court, S.D. New York · 1900
  3. In re WoodendDistrict Court, S.D. New York · 1904
  4. In re LindermanDistrict Court, E.D. Pennsylvania · 1909

3Cited by5 opinions

  1. Coriell v. Morris White, Inc.Court of Appeals for the Second Circuit · 1931
  2. In Re Standard Gas & Electric Co.District Court, D. Delaware · 1945
  3. In re FairlambDistrict Court, E.D. Pennsylvania · 1912
  4. Alberger Condenser Co. v. United Water, Gas & Electric Co.Supreme Court of Kansas · 1912
  5. In re Prudential Outfitting Co. of DelawareDistrict Court, S.D. New York · 1918

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