Legal Opinion

In Re Ace Fruit & Produce Co.

District Court, S.D. New York

Decided April 27, 1943PublishedCited by 5 opinions

1Opinion of the Court

HULBERT, District Judge.

These are cross petitions (1) by the trustee in bankruptcy and (2) by a creditor of the bankrupt, for a review of an order of the Referee in Bankruptcy dated January 21, 1943.

The order in question disallowed a claim of the creditor amounting to $10,785.33 unless, within thirty days such creditor paid to the trustee preferential transfers ,in the sum of $821.02. See § 57, sub. g, of the Bankruptcy Act, 11 U.S.C.A. § 93, sub. g. The trustee challenges the inadequacy of the additional payments and asserts that in addition thereto the creditor should have been directed to…

2Cases cited7 opinions

  1. Sexton v. Kessler & Co.Supreme Court of the United States · 1912
  2. Rockmore v. LehmanCourt of Appeals for the Second Circuit · 1942
  3. Okin v. Isaac Goldman Co.Court of Appeals for the Second Circuit · 1935
  4. Superior Brassiere Co. v. ZimetbaumAppellate Division of the Supreme Court of the State of New York · 1925
  5. Grossi v. Rialto Security Corp.New York Court of Appeals · 1937

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

3Cited by5 opinions

  1. Official Committee of Unsecured Creditors of Tousa, Inc. v. Citicorp North America, Inc. (In Re Tousa, Inc.)United States Bankruptcy Court, S.D. Florida. · 2009
  2. Wolf v. Aero Factors CorporationDistrict Court, S.D. New York · 1954
  3. Malone v. BolsteinDistrict Court, N.D. New York · 1957
  4. Shimer v. Fugazy (In Re Fugazy Express, Inc.)United States Bankruptcy Court, S.D. New York · 1993
  5. Otte v. Franklin National Bank of Franklin SquareDistrict Court, E.D. New York · 1959

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