Wells v. Place
District Court, N.D. Ohio
1Opinion of the Court
FREED, District Judge.
The motion to dismiss raises one issue different from those already considered and disposed of by the Court in the memorandum opinion filed in similarly titled and related Civil Action . No. 26717, 92 F.Supp. 473.
The complaint states a cause of action under Section 67 sub. d(3) of the Bankruptcy Act, Title 11 U.S.C.A. § 107 sub. d (3). The defendant moves to dismiss because it appears from the face of the complaint and the Court’s judicial knowledge of the bankrupt’s adjudication that the action is barred by Title 11 U.S.C.A. § 29 sub. e, which provides: “A receiver or…
2Cases cited5 opinions
- Holmberg v. ArmbrechtSupreme Court of the United States · 1946
- Bailey v. GloverSupreme Court of the United States · 1875
- Exploration Co. v. United StatesSupreme Court of the United States · 1918
- Herget v. Central National Bank & Trust Co.Supreme Court of the United States · 1945
- Austrian v. WilliamsDistrict Court, S.D. New York · 1948
3Cited by10 opinions
- Eisenberg v. Feiner (In Re Ahead by a Length, Inc.)United States Bankruptcy Court, S.D. New York · 1989
- Steege v. Lyons (In Re Lyons)United States Bankruptcy Court, N.D. Illinois · 1991
- Metzeler v. Bouchard Transportation Co. (In Re Metzeler)United States Bankruptcy Court, S.D. New York · 1986
- Martin v. Butcher (In Re Butcher)United States Bankruptcy Court, E.D. Tennessee · 1987
- George Feldman, as Trustee in Bankruptcy of Leasing Consultants, Incorporated, Bankrupt v. First National City BankCourt of Appeals for the First Circuit · 1975
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