Legal Opinion

In Re Rosen

Court of Appeals for the Third Circuit

Decided November 19, 1946No. 9187PublishedCited by 16 opinions

1Opinion of the Court

GOODRICH, Circuit Judge.

This case involves the much discussed subject 1 of the effect of an assignment of book accounts when the assignor has subsequently become a bankrupt. The assignor did business in New Jersey with New Jersey customers. Forty-four assignments are involved, all made to one assignee, Standard Factors Corporation. The debtors were not notified until November 18, 1942. The assignor was declared a bankrupt on November 23, 1942. The trustee claims that under Section 60, sub. a of the Bankruptcy Act, as amended in 1938, 2 the assignments may be avoided as preferences. The…

2Cases cited10 opinions

  1. Fidelity Union Trust Co. v. FieldSupreme Court of the United States · 1941
  2. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  3. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  4. Corn Exchange National Bank & Trust Co. v. KlauderSupreme Court of the United States · 1943
  5. Jenkinson v. New York Finance Co.New Jersey Court of Chancery · 1911

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. D. K. Porter, Trustee in Bankruptcy of Abe Greenband v. Woodey B. Searle and Edlean E. SearleCourt of Appeals for the Tenth Circuit · 1955
  2. M. M. Landy, Inc. v. John Nicholas, as Receiver of Continental Charterers, Inc., BankruptCourt of Appeals for the Fifth Circuit · 1955
  3. Fed. Sec. L. Rep. P 94,150 Oliver R. Grace v. Daniel K. LudwigCourt of Appeals for the Second Circuit · 1973
  4. Wally Gray and Maryland Casualty Company, a Corporation, and Northern Commercial Company, a Corporation v. Travelers Indemnity Company, a CorporationCourt of Appeals for the Ninth Circuit · 1960
  5. Shapiro v. D. H. Overmyer Co. (In Re D. H. Overmyer Co.)United States Bankruptcy Court, S.D. New York · 1981

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