In re Samuels & Lesser
District Court, S.D. New York
In Bankruptcy. In the matter of bankruptcy proceedings of Samuels & Lesser. Petition by Edward E. Quinn directing an undisclosed partner of the firm to file a schedule of his individual assets and liabilities. This is a petition by a creditor, in which the trustee joins, for an order directing a partner to file a schedule of Ms individual assets and liabilities preparatory to administering his estate in this court.
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In Bankruptcy. In the matter of bankruptcy proceedings of Samuels & Lesser. Petition by Edward E. Quinn directing an undisclosed partner of the firm to file a schedule of his individual assets and liabilities. This is a petition by a creditor, in which the trustee joins, for an order directing a partner to file a schedule of Ms individual assets and liabilities preparatory to administering his estate in this court. A petition was filed against the two bankrupt partners, and they were adjudicated, both individually and as a firm. In the course of the proceedings the testimony disclosed the…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). [1] This motion presents a question which has been much contested in the books; i. e., may a court of bankruptcy draw to itself for administration the estate of a partner, not adjudicated, as part of the administration of the firm bankruptcy? In this case two partners and the bankrupt firm have been adjudicated, but Valentine never has. The greater *196number of authorities appear to be in favor of the motion, hut there is a strong decision to the contrary in the Eighth circuit, by a divided vote. In re Bertenshaw, 157 Fed. 363, 85 C. C. A. 61, 17 L. R. A. (N.…
2Cases cited14 opinions
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- Vaccaro v. Security BankCourt of Appeals for the Sixth Circuit · 1900
- Amsinck v. BeanSupreme Court of the United States · 1875
- In re BertenshawCourt of Appeals for the Eighth Circuit · 1907
- Dickas v. BarnesCourt of Appeals for the Sixth Circuit · 1905
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3Cited by6 opinions
- Dunbar v. Farnum WifeSupreme Court of Vermont · 1937
- McClennen v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1942
- In re the Estate of FinkelsteinNew York Surrogate's Court · 1963
- Carter v. WhislerCourt of Appeals for the Eighth Circuit · 1921
- Jahn v. Lamb (In Re Lamb)United States Bankruptcy Court, E.D. Tennessee · 1983
1 more not listed; retrieve them via the Exa API.