In re Applegate
District Court, S.D. New York
In Bankruptcy. In the matter of the bankruptcy of John Applegate. Ex parte application by the J. M. Minugh Company to vacate the discharge of the bankrupt and for permission to file specifications.
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In Bankruptcy. In the matter of the bankruptcy of John Applegate. Ex parte application by the J. M. Minugh Company to vacate the discharge of the bankrupt and for permission to file specifications. This is an application to vacate the discharge of the bankrupt and to be allowed to file specifications, under the following circumstances: The involuntary petition was filed against the bankrupt on the 6th day of October, 1915. On the 15th day of April, 1916, the bankrupt filed his petition for a discharge, which was returnable on the 15th day of May: On that day the creditor filed his notice of…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above). It would be reasonable in this case to open the default of the objecting creditor, which undoubtedly arose through some misunderstanding between him and the bankrupt’s attorney about the time and place when .the bankrupt should appear for his examination. The bankrupt, however, insists that under section 15 this cannot be done. It is quite true that the objecting creditor does not bring himself within section 15. There is no fraud, and, if there were, the fraud was not discovered after the discharge was granted. The bare question is whether this court, once…
2Cases cited3 opinions
- In re McKeeDistrict Court, E.D. New York · 1908
- In re UpsonDistrict Court, N.D. New York · 1903
- In re WalshDistrict Court, N.D. New York · 1914
3Cited by11 opinions
- In Re IngraoDistrict Court, W.D. New York · 1930
- In re Goldenberg & HalbertDistrict Court, E.D. Pennsylvania · 1923
- In re LansleyCourt of Appeals for the Second Circuit · 1926
- In Re EarlyDistrict Court, E.D. Pennsylvania · 1940
- In Re John Gerald Boissonnault, BankruptCourt of Appeals for the First Circuit · 1969
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