Legal Opinion · Dissent

In Re Perlman

Court of Appeals for the Second Circuit

Decided December 2, 1940No. 55Published

1DissentClark, Circuit Judge

I think this is typically the kind of case where wise bankruptcy administration calls for a wide measure of discretion in the trial court, with resort to other tribunals discouraged. Certainly expeditious settlement of bankrupt estates is not fostered by appeals such as this. The change effected by the Chandler Act in Bankruptcy Act, § 2, sub. a(8), 11 U.S.C.A. § 11, sub. a (8), to provide for the reopening of closed estates “for cause shown,” instead of “whenever it appears they were closed before being fully administered,” 11 U.S. C.A. § 11 (8), emphasizes this reliance on judicial…

2Cases cited4 opinions

  1. Syracuse Engineering Co. v. HaightCourt of Appeals for the Second Circuit · 1940
  2. Hunter v. Commerce Trust Co.Court of Appeals for the Eighth Circuit · 1932
  3. In re HopkinsDistrict Court, W.D. New York · 1934
  4. In re PerlmanDistrict Court, S.D. New York · 1940

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