Legal Opinion
Winkleman v. Ogami
Court of Appeals for the Ninth Circuit
Decided October 3, 1941No. 9817PublishedCited by 11 opinions
1Opinion of the Court
HEALY, Circuit Judge.
This appeal is from an order adjudging appellant a bankrupt. The case is here on an agreed statement containing little more than a skeleton outline of the facts necessary to present appellant’s sole contention, namely, that a creditor who has received a voidable preference is not qualified and may not be counted as a petitioning creditor in an involuntary proceeding unless he first surrenders or offers to surrender the preference.
The bankrupt has more than twelve creditors. Three of them joined in the bankruptcy petition. One of the three is concededly qualified. As to…
2Cases cited7 opinions
- Stevens v. Nave-McCord Mercantile Co.Court of Appeals for the Eighth Circuit · 1906
- In re Automatic Typewriter & Service Co.Court of Appeals for the Second Circuit · 1921
- In re HornsteinDistrict Court, N.D. New York · 1903
- In Re MacKlemDistrict Court, D. Maryland · 1927
- In re MurphyDistrict Court, D. Massachusetts · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In the Matter of Gibraltor Amusements, Ltd., Bankrupt-Appellant, and the Wurlitzer Company and Wurlitzer Acceptance Corporation, Petitioning CreditorsCourt of Appeals for the Second Circuit · 1961
- In the Matter of Timothy J. Rassi and Virginia Rassi. Jefferson Trust and Savings Bank of Peoria v. Timothy J. Rassi and Virginia RassiCourt of Appeals for the Seventh Circuit · 1983
- Texas Consumer Finance Corp. v. First National City BankDistrict Court, S.D. New York · 1973
- In Re Gibraltor Amusements, Ltd.District Court, E.D. New York · 1960
- In The Matter Of The Onondaga Litholite CompanyCourt of Appeals for the First Circuit · 1955
6 more not listed; retrieve them via the Exa API.