In re Northampton Portland Cement Co.
District Court, E.D. Pennsylvania
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
- In re FrearDistrict Court, N.D. New York · 1903
- In re LockwoodDistrict Court, S.D. New York · 1900
- In re WoodendDistrict Court, S.D. New York · 1904
- In re LindermanDistrict Court, E.D. Pennsylvania · 1909
3Cited by5 opinions
- Coriell v. Morris White, Inc.Court of Appeals for the Second Circuit · 1931
- In Re Standard Gas & Electric Co.District Court, D. Delaware · 1945
- In re FairlambDistrict Court, E.D. Pennsylvania · 1912
- Alberger Condenser Co. v. United Water, Gas & Electric Co.Supreme Court of Kansas · 1912
- In re Prudential Outfitting Co. of DelawareDistrict Court, S.D. New York · 1918