Legal Opinion
In Re Lowerree
Court of Appeals for the Second Circuit
Decided November 6, 1946No. 43, Docket 20302PublishedCited by 11 opinions
1Opinion of the Court
FRANK, Circuit Judge.
The question for decision is whether the District Court has the power to set aside the referee’s order, denying a discharge on the merits, after the expiration of the time for taking an appeal from that order to the District Court. It is urged that this power may be found in § 2, sub. a (8) of the Chandler Act, 11 U.S.C.A. § 11, sub. a (8), which provides that the bankruptcy court may “reopen estates for cause shown.”
While this subsection authorizes the court, in the exercise of its sound discretion, to re-open estates in proper circumstances, it has nothing to do with…
2Cases cited8 opinions
- Wallace v. United StatesCourt of Appeals for the Second Circuit · 1944
- In Re Pottasch Bros. Co.Court of Appeals for the Second Circuit · 1935
- Perlman v. 322 West Seventy-Second Street Co.Court of Appeals for the Second Circuit · 1942
- In Re PerlmanCourt of Appeals for the Second Circuit · 1940
- Kroell v. New York Ambassador, Inc.Court of Appeals for the Second Circuit · 1939
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Bumgarner v. SimsWest Virginia Supreme Court · 1953
- Grand Union Equipment Co. v. LippnerCourt of Appeals for the Second Circuit · 1948
- Duebler v. Sherneth Corp.Court of Appeals for the Second Circuit · 1947
- In Re Dunning Bros. Co.United States Bankruptcy Court, E.D. California · 2009
- Saper v. VivianiCourt of Appeals for the Second Circuit · 1955
6 more not listed; retrieve them via the Exa API.